[255] Manship, _op. cit._, 97, 120. The work was written between 1612

and 1619.

[256] Gentleman, _op. cit._, 36; Swinden, _History of Great Yarmouth_,

465; _State Papers, Dom._, xlvii. 112, 114.

[257] Meynert Semeyns, _Een corte beschryvinge over de

Haring-visscherye in Hollandt_.

[258] Keymer, _Observations on Dutch Fishing_; Monson, _Naval

Tracts_, in Churchill’s _Collection_, iii. 467; H. Robinson, _Briefe

Considerations concerning the Advancement of Trade_, p. 50; _England’s

Great Interest by encouraging the setting up of the Royal Fishery_,

&c., &c.

[259] A Demonstration of the Hollanders increase in Shipping and our

Decay herein. _State Papers, Dom._, xlvii. 112.

[260] _The Trades Increase._ Keymer, _Observations on Dutch Fishing,

&c. Observations touching Trade, &c._, Raleigh’s _Works_, viii. 374.

_State Papers, Dom._, xlviii. 114.

[261] _A Discourse of the Invention of Ships. Works_, viii. 325.

[262] In one of the most elaborate and detailed of the proposals for

the building of busses, the daily allowance of beer for each man was to

be a gallon, as in the king’s ships: the buss was to go to sea with 56

herring barrels full of beer. E. S.--_Britaines Bvsse, or a Computation

as well of the Charge of a Bvsse or Herring fishing ship as also of the

Gain and Profit thereby._ London, 1615.

[263] Keymer, _Observations on Dutch Fishing_. The industrious

Hollander was held up as an example to the English. “If any be so

weak,” said one writer, “to think this mechanical fisher trade not

feasible to the English people, to him I may say with Solomon, Go to

the Pismire! Look upon the Dutch! Thou Sluggard! learn of them! They

do it daily in the sight of all men at our own doors, upon our own

coasts.” “Shall we,” said another, “neglect so great blessings? O

slothful England, and careless Countrymen! Look but on these fellows,

that we call the plump Hollanders; behold their diligence in fishing

and our own careless negligence.”

[264] _State Papers, Dom._, James I., lxxi. 89. Malynes, who, as

already suggested in the note on page 128, may have been the author

of Cope’s tract, said exactly the same thing in 1622--that there had

been a continual agitation for over thirty years to make busses and

fisher-boats. _The Maintenance of Free Trade_, 42.

[265] J. Bowssar to Sir Julius Cæsar, 14th October 1607, _Brit. Mus.

Lansdowne MSS._, 142, fol. 373.

[266] A Project for to restore unto the King’s Majestie his Dueties of

Fishing by re-establishing ye Auncient Manner of fishing for herringe,

Coad, and Ling, for maintenaunce of Navigation and Marryners with

greatt increase of Traffique, 22nd April 1609, _Brit. Mus. Lansdowne

MSS._, 142, fol. 371. _State Papers, Dom._, xlviii. 95.

[267] Treaty of Antwerp, 30 March/9 April 1609.

[268] A rubric in the copy at the Record Office says, “By Proclamation

first, most convenient to all the world.”

[269] _State Papers, Dom._, xlviii. 94. It is written on parchment and

imperfect, and endorsed, “Mr Rainsford’s Answeares.”

[270] See p. 64.

[271] To the King’s Most excellent Majestie: A Declaration of the

Fishing of Herring, Codd, and Ling, and how greatly the favour or

disfavour of Your Royal Majesty concerneth the Hollanders. _State

Papers, Dom._, xxxii. 32. A Declaration how much the Favour or

Disfavour of Your Royal Majestie doth concern the Prosperity or

Adversitie of the Hollanders: and what inconvenience may ensue, and how

to praevent the same to the honour and safety of your Majesty and the

tranquillitie of the Netherlanders. _Ibid._, xlv. 23.

[272] A Demonstration of the Hollanders Increase in Shipping and our

Decay herein. _Ibid._, xlvii. 112. Particulars of the Lawes observed by

other Nations touching fishing, and the Advantages that would accrue

from establishing an English Fishing fleet. _Ibid._, 114.

[273] _Records of the Convention of the Royal Burghs of Scotland_, ii.

203, July 2, 1605.

[274] _State Papers, Dom._, xxxii. 31.

[275] _State Papers, Dom._, xlv. 22. The petition was signed by

fishermen of Yarmouth, Dover, Hastings, Rye, Hythe, and Folkestone. It

is said in the petition that they had previously craved both the king

and the Council for redress, without avail.

[276] The author of _Britaines Buss_ had heard, but did not believe,

stories of the “very foul and insolent dealing of their bussmen with

our poor weak fishermen upon our coasts.” Tobias Gentleman, who admired

the Dutch for their industry, said they scorned us only “for being so

negligent of our profit, and careless of our fishing; and they do daily

flout us that be the poor fishermen of England, to our faces at sea,

calling to us and saying, ‘Ya English, ya zall, or oud scoue dragien,’

which in English is this: ‘You English, we will make you glad for to

wear our old shoes.’” _Englands Way to Win Wealth_, p. 44.

[277] _Brit. Mus. Lansdowne MSS._, 142, fol. 375. A copy of the letter

of the Lords of the Council, in the handwriting of Sir Julius Cæsar,

is as follows: After our very hearty recommendations. Whereas his

Majesty hath of late been moved vpon many consyderations arising from

the complayntes of his subiects, to take some course of restraynt of

many inconveniences depending vpon the excesse of libertie, w^{ch} is

taken by the subiectes of forraigne princes and states to fish vppon

his coast; By which, not onlie his owne ffishermen receive wrong in

their fishing, but the verie Coast-Townes themselves are much decayed

for lack of meanes to sett their people on work. To w^{ch} end hee had

resolved to set forth a proclamation to th’effect of that w^{ch} is

hereinclosed:

Fforasmuch as vppon perusall of some Treaties from King Henry 7_{ths}

tyme till this daye betweene the Crowne of England and the house of

Burgundy, we fynde certeyne clauses, by which there maye arise some

question how farre any such Prohibition maye concurre with the practice

of the same for so much as shall concerne the subiects of that Estate;

Of w^{ch} particulars it is necessary that some deliberation were

taken, beefore his Ma^{tie} proceeded to a generall execution of the

same: We have thought good to requyre yow ioyntly and severally to

peruse all those Treaties, and to consyder of them, and all other

thinges, by w^{ch} the lawfullnes or vnlawfulnes maye appeare of this

proceeding; Which being don wee shall expect some report from you for

his Ma^{ties} better satisfaction.

Wherein wee doubt not but yow will proceede w^{th} all convenient

expedition. And so will bid yow hartelie farewell.

Ffrome the Court at Whitehall

first of Ffebruarie, 1606.

Mr Secretary Herbert.

Mr Chancellor of the Exchequer

Sr. Daniel Dun.

Sr. Thomas Crompton.

Sr. Christopher Perkins.

Yo^r Verie loving friendes,

Subscribed by the

1. L. Chancellor.

2. L. Treasour.

3. L. Admirall.

4. The Earle of Worcester.

5. The Earle of Salisbury.

6. The Earle of Marr.

7. The L. Stanhop.

This copy is dated 1st February 1606, and the copy of the report of

the Committee is also dated 1606, which would imply that the matter

had been before the Privy Council in that year. It appears, however,

from other evidence that Sir Julius Cæsar made a mistake in dating the

copies.

[278] _Brit. Mus. Lansdowne MSS._, 142, fol. 377. In Sir Julius Cæsar’s

handwriting, and endorsed, “A copy of a letter from Mr Secretary

Herbert, myself, and others to the L^{ds} of the King’s P. Councell,

touching the prohibition of strangers fishing on the coasts of

England,” &c. This important paper reads as follow: Our humble duties

dewe to y^r good LL^{ps}. We have according to y^r commandement,

considered of the liberty w^{ch} is taken by the Subiectes of forreine

Princes and States to fish vppon the kings Ma^{ties} coasts by w^{ch}

not onely the English fishermen receive wrong in their fishing but

the very coast townes themselves are much decayed for want of meanes

to set their people on work; and we have considered likewise of the

proclamation for the restraint of those many inconveniences depending

vppon the excesse of such strangers fishing: We haue also pervsed the

treaties frõ Henry the 7th time till this day betweene the Crowne of

England and the House of Burgundy, and we have considered of them, and

of all other thinges by w^{ch} (as wee conceave) the lawfulness or

vnlawfulness may appeare of this proceeding. And are of opinion, that

the K^s Ma^{ty} may w^{thout} breach of any treatyie nowe in force,

or of the lawe, vppon the reasons specified in the proclamation sent

vnto vs, restreine all strangers frõ fishing vppon his coasts w^{thout}

license, in such moderation and after such convenient notice given

thereof by publik proclamation, as his Ma^{ty} shall think fit.

And so we most humbly take our leaves. 14 febr. 1606.

Yo^r L^{dships} humbly at commandment,

J. Herbert. Jul. Cæsar. Daniel Dun. Christoph. Parkins. Tho. Crompton.

From the erasures and corrections (see Fig. 6) there seems little doubt

that the paper is the original draft.

[279] _Brit. Mus. Lansdowne MSS._, 142, fol. 379. In Cæsar’s

handwriting.

[280] See Appendix F.

[281] Perhaps an oblique reference to _Mare Liberum_.

[282] _State Papers, Dom._, xlv. 24. _Proc. Coll._, No. 11.

[283] Salisbury to Cornwallis, 8th June 1609. Winwood’s _Memorials of

Affairs of State in the Reigns of Q. Elizabeth and K. James I._, iii.

49.

[284] Muller, _Mare Clausum_, _Bijdrage tot de Geschiedenis der

Rivaliteit van Engeland en Nederland in de Zeventiende Eeuw_, p. 52.

Bosgoed, _Bib. Pisc._, 347. Resolutiën ... van Vergaderinge van de

Heeren Staten van Hollandt ende West-Vrieslandt, 2/12 June 1609. “Ter

Generaliteyt’s lands recht voorstaan ter saake van het Engelsch placaat

op het visschen op de kusten en zeeën van Groot Brittannien en Yrland.”

[285] “Ende oic Sijne authoriteyt eñ macht die hy in die See heeft

voir de werelt manifest te maecken.”

[286] Sir George Carew to Salisbury, 20th June 1609. Acknowledges

his lordship’s letter, “according the request made by the ffr. Amb^r

for one year’s Respite longer for the ffishers of this nation,” and

expressing his pleasure that other considerations of state so fell out

as to give his Majesty cause to grant them that favour, “for it is like

to increase the amity of the two crowns.”

[287] Caron to the States-General, 13/23 July 1609. _Brit. Mus. Add.

MSS._, 17, 677.

[288] Winwood to Salisbury, 6th September 1609. _Memorials_, iii. 64.

[289] The assize-herring was thus described by Skene, in _De Verborum

Significatione_, annexed to the laws of Scotland, printed in 1597.

“Assisa Halecum. The assise herring signifies ane certain measure and

quantity of herring, quilk perteinis to the king as ane part of his

custumes and annexed propriety, _Jac._ 6, p. 15, c. 237, for it is

manifest that Hee shuld have of everie Boat that passis to the drave,

and slayis herring, ane thousand herring of ilk tak that halds, viz. of

Lambmes tak, of the Winter tak, and the Lentrone tak”--that is, of the

summer, winter, and spring fishings. The assize-herrings appear to have

been originally a contribution to the king’s kitchen. In 1526 James V.

granted assize-herrings to Stuart of Ardgowane (_Origines Parochiales

Scotiæ_, ii. 83). In 1593, in an Act of the Parliament of Scotland,

entitled “Annexatioun of the Propertie of the Croun that wes nocht

annext of befoir,” the assize-herrings were included (Jac. VI., 1593,

c. 32. _Acta_, iv. 28), and an Act of 1597, entitled “Assysis hering

may nocht be disponit,” ordained that no infeftment or alienation in

few ferm or otherwise, and all rentals and dispositions whatsoever,

past or to come, were to be null and void, because they pertained to

the king as part of his customs and annexed property (_Acta_, iv. 131).

Later the assize-herring was commuted into a money payment. An Act

of Charles I. in 1641 (cap. 117), entitled “Act anent the Excise of

Herring,” on the ground that the collection of the herrings was “very

hard and difficult,” commuted the thousand herrings in the Firth of

Lothian into a money payment of £6 Scots. In the eighteenth century,

when it had been for the most part granted to individuals, or farmed,

it took the form of a tax ranging from £4 Scots to £10 Scots per boat

or per net, and was felt as a grievous burden. In the Firth of Forth

each boat that was “size-worthy” (viz., that caught 3000 herrings

during the whole season) had to pay ten shillings as “size-duty.” On

the west coast it amounted to £10 Scots, or sixteen shillings and

eightpence sterling, whether herrings were caught or not. With regard

to the gross value of the tax, those of the great Dunbar fishings were

leased in 1614 for five years for £1000 Scots, and a yearly rent of

2000 merks (_Reg. Privy Council Scot._, x. 282). In 1613 the value of

the “duty of the tack of the assize-herrings,” amounting to fourteen

lasts, which the Earl of Argyle rendered for Lochfyne, was estimated to

be about £36 or £38 sterling (_Melrose Papers_, i. 124). In 1598 the

assize-herring from the “east seas” was estimated to amount to 1120

dry “killing” (cod), which shows it was sometimes paid in other fish;

in 1656-57 it was equal to £130 sterling (Chalmers, _Caledonia_, ii.

497); in 1629 Captain Mason claimed no less than £12,489, 7s. sterling

as the value, with interest, of the assize-herrings of the Hebrides and

North Isles granted to him by James for the years 1610-11, and not paid

(_State Papers, Dom._, cliv. 13).

[290] Arguments for Collecting the Assyze herring from all Strangers

fishing in the North Seas of Scotland, and Answers to some objections

proponet be Sir Noel Caron. _State Papers, Dom._, xxxii. 31.

[291] Winwood, _Memorials_, iii. 105, 135, 146, 162. Muller, _op.

cit._, 56.

[292] _State Papers, Dom._, xlvii. 111. “2. For that it is by the Lawe

of nacions, no prince can Challenge further into the Sea then he can

Com̃and w^{th} a Cannon except Gulfes w^{thin} their Land from one

point to an other. 3. For that the boundlesse and rowlinge Seas are as

Com̃on to all people as the ayre w_{ch} no prince can prohibite.” The

paper is endorsed “Reasons vsed by the Hollanders for the Continuance

of Fishing Contrarie to the proclamation made in May 1609 forbidding of

strangers to fish,” and there is a note, apparently in Cæsar’s writing,

saying, “This note was sent by Emanuell Demetrius who was present att

the discourse.” It is misdated “Aug. 1609.” The endorsements appear

to have been made after 1612, because at the end it is said, “It was

answered by the _late_ Lord Treasr. Salisburie att a hearing,” &c. A

list is given of those present at the conference--viz., the Earls of

Salisbury, Northampton, Nottingham, Suffolk, Shrewsbury, and Worcester,

Mr Secretary Herbert and Sir Julius Cæsar, the “Standers by” being Sir

T. Edmondes, Sir Daniel Dunn, Sir Christopher Perkins, Sir William

Wade, and Mr Levinus Emanuell Demetrius,--probably the Levinus Muncke

of the Dutch and other records. It is to be noted that the argument

as to the limitation of the territorial sea by the range of guns was

not contained in the instructions to the Dutch, as printed by Aitzema

(_Saken van Staet en Oorlogh_, ii. 406) and Vreede (_Vrijheid van

Haringvaart_, 6; compare Muller, _Mare Clausum_, 58, 91), and is not

referred to by them in their Journal, where, however, they say they

put forward “other reasons” than those they recite (Muller, _Mare

Clausum_, 59). Van Meteren, whose work was published in 1614 (_Historie

der Nederlandscher ende haerder Naburen Oorlogen, &c._, fol. 650),

reports, however, that there was a great dispute as to how far a

country’s limit might extend into the open sea, and the brief note

of Levinus seems to be the only record of it. (“Sy seyden mede, dat

het een groote dispute ware, hoeverre elcx Laudts Custen ofte Limiten

inde groote wijde Zee Oceane mochte strecken.”) The document is of

interest not only from the clear enunciation of the doctrine at so

early a period, but because there are grounds for thinking that the

idea may have originated in the fertile brain of Grotius. Competent

Dutch authorities believe that Grotius either himself drew up the

instructions dealing with the fishery question or was consulted in

their preparation; and the fact that the argument is not contained in

the official instructions scarcely weakens the supposition. It was of

so drastic and novel a character to be urged against the pretensions of

King James that the Dutch, anxious to conciliate him, may have followed

a practice not uncommon in diplomacy, and kept it in the background

only to be made use of if a suitable occasion arose. It is, moreover,

known that Grotius had a close personal relationship with Elias van

Oldenbarnevelt, the envoy to whom the fishery negotiations were

specially entrusted.

[293] Vreede, _Vrijheid van Haringvaart en Visscherij_. _Nota, in den

Jare 1610, door de Nederlandsche Gezanten aan de Engelsche Regering

ingediend (Bijdragen voor Vaderlandsche Geschiedenis en Oudheidkunde,

Derde Deel._ Arnhem, 1842). Muller, _op. cit._, 57; _State Papers,

Dom._, xlvii. 111; _Brit. Mus. Lansdowne MSS._, 142, fol. 362. Vreede

thinks it probable that the instructions were drawn up by Grotius;

Muller believes that he was at all events consulted on the matter.

[294] _State Papers, Dom._, xlvii. 111. Vreede, _op. cit._ Muller,

_op. cit. Brit. Mus. Lansdowne MSS._, 142, fol. 362. “Answers for

prohibiting of strangers fishing upon the English coastes without the

King’s license, 5th May 1610”--in the writing of Sir Julius Cæsar.

[295] “Niet door sollicitatiën van eenige courtisanen ofte hovelingen.”

[296] The Lords of the Council to Winwood, _Memorials_, iii. 166.

[297] _State Papers, Dom._, xlviii. 92.

[298] Sir Walter Cope to the king, _State Papers, Dom._, lxxi. 89. See

note, p. 128.

[299] _The Maintenance of Free Trade_, 42 (1622). He mentions the

reasons given by the powerful companies for their action, but it was

caused by their fears for their monopolies.

[300] _State Papers, Dom._, lxxvii. 79. The Earl of Northampton to Sir

Thomas Lake, 4th July 1613. _Ibid._, lxxiv. 23. The queen, who was

fond of the banquet and the masque, was often in financial straits.

Chamberlain wrote to Winwood in 1609 that she had been melancholy about

her jointure, and that £3000 a-year had been added to it out of the

customs, with a gift of £20,000 to pay her debts. _Memorials_, iii. 117.

[301] Gentleman, _Englands Way to Win Wealth, &c._; E. S., _Britaines

Buss; The Trades Increase_.

[302] In 1609 Sir Nicholas Hales told the king that he had been

informed “the Hollanders were petitioners to the Queen to grant them a

term of years in the seas for the fishing of herring, cod, and ling.”

_State Papers, Dom._, xlv. 23.

[303] Wotton to Sec. Winwood, Hague, 20th March 1614.

[304] Archbishop Abbot and Lord Chancellor Ellesmere to Thomas Wilson,

24th August 1614. _State Papers, Dom._, lxxvii. 80. It is endorsed,

“The letter to me, 24th Aug. 1614, sending for me from Harford and

for the transcribing an abstract of all things out of my papers which

might concern his Majesty’s jurisdiction on the sea, which I did

and delivered it to Mr Attorney-General, Sir Francis Bacon, by the

commandment of the Lord Chancellor and the Archbishop of Canterbury.”

[305] Caron to States-General, 27 Aug./6 Sept. 1614. _Brit. Mus. Add.

MSS._, 17, 677, H.

[306] Muller, _op. cit._, 91, 92.

[307] 26th September 1614.

[308] _Records of the Convention of the Royal Burghs of Scotland_, ii.

455. Anstruther Easter, one of the Fife villages, asked that the costs

(£400 Scots) should be reimbursed to them for obtaining the decree

against Mason “for exacting of thame certane excyse hering and fishes

at the fishing in Orknay and Zetland.”

[309] _State Papers and Correspondence of Thomas, Earl of Melros_, i.

130.

[310] _Reg. Privy Council Scot._, x. 231. _Rec. Convent. Roy. Burghs

Scot._, ii. 540.

[311] The Lords of the Council to the king, 17th May 1614. _Melrose

Papers_, i. 130. “It wes fundin,” wrote the Lords, “by vniforme

voices and consent, without ony kynd of contradictioun, that the

assise dewytie aucht onlie to be payit for the hering brought freshe

and greene to land, and that the hering whilkis ar maid, saltit, and

barrellit vpoun the sea, and maid reddye for the transporte, hes nevir

bene in vse to pay ony dewytie.”

[312] _Loc. cit._ The “patent” was the treaty of 1594. See p. 81.

It may be mentioned that Mason, in his petition to Charles I. (see

p. 153 _note_), stated that in 1611 he collected “some part” of the

assize-herrings, but that upon the marriage of the Princess Elizabeth

(February 1613) “the States ambassador made suit to the king for the

remission of the said assize-herrings due by their nation, which

was granted.” We have discovered no other evidence of this. Loose

statements were often made on the subject by English writers and

certain foreign authors, as Rapin (_Hist, d’Anglet._, vii. 58), and

Wagenaar (_Vaderl. Hist._, ix. 318) following him, that the Dutch

agreed to pay an annual sum for liberty to fish on the British coasts.

The error was elaborated by others, as by Lediard in his great work

(_Naval History of England_, i. 420), who says: “In the year 1608

(_sic_) King James published a proclamation prohibiting all foreign

nations to fish on the coast of Great Britain. This prohibition, though

general, was designed against the Dutch; and it occasioned the Treaty

the year following whereby they engaged to pay an annual sum for leave

to fish--an evident acknowledgment of the English Dominion of the Seas.”

[313] _Rec. Conv. Roy. Burghs Scot._, ii. 323, 350, 354, 374.

[314] Winwood to Carleton, 14/24 September 1616. _Letters from and to

Sir Dudley Carleton, Knt., during his Embassy in Holland; from January

1615/6 to December 1620_, p. 52.

[315] Caron to the States-General, 25 Aug./4 Sept. 1616. _Brit. Mus.

Add. MSS._, 17,677, J, fol. 152. In an account of the oppressions of

Lord Robert Stewart in the Orkneys and Shetlands in the sixteenth

century, it is stated that that nobleman laid heavy tolls upon the

Dutch fishermen and the Norwegian traders. In 1575 the inhabitants

complained that he compelled “the dogger boats and other fishers of

this realm to pay to him great toll and taxis bye auld use and wont,

to wit, ilk boat ane angel noble, ane hundreth fish, and twa bolls

salt” (_Oppressions of the Sixteenth Century in the Islands of Orkney

and Zetland_, xlviii. 4). It appears from a complaint of merchants of

Bremen, in 1614, that it had been a custom “past memory of man” for

each ship arriving at the Orkneys to pay six angels and one dollar for

ground-leave and water-leave (_Reg. Privy Counc. Scot._, x. 247); and

the Dutch are said to have given to the agent of the Earl of Orkney a

barrel of salt for his “oversight” of each ship, and to have offered

the Earl for each ship “an angell and ane barrell of birskate (biscuit)

bread,” while he demanded “no less than ane double angell or ane Rose

noble at the least” (_MSS. Advoc. Lib._, 31. 2. 16).

[316] See p. 81. The treaty did not contain any stipulation of the

kind; and, moreover, the Scottish copy was then amissing.

[317] Muller, _Mare Clausum_, 107. _Brit. Mus. Add. MSS._, 17,677, J,

fol. 153 _et seq. Lansdowne MSS._, 142, fol. 410. _Reg. Privy Counc.

Scot._, xi. 605, 608.

[318] By the Scots Act, 1 James I., May 1424, regarding the “custome

of horse, nolt, scheepe, had furth of the realm, and of herring,” it

was ordained that the following should be paid: “of ilk thousand of

fresche herring sauld, of the Sellar one penny, and of ilk last of

herring, tane be Scottis-men barrelled, foure schillinges, of ilk last

be strangeris taken, sexe schillinges.”

[319] Caron to the States-General, 25 Aug./4 Sept., 12/22 Sept.,

19/29 Sept. 1616. _Brit. Mus. Add. MSS._, 17,677, J, fol. 152-166.

The statement of Lennox that the tax was a barrel of herrings or ten

shillings agrees with the statements of the Dutch skippers, who,

however, added twelve cod-fish (“Een tonne harinck van elcke bu sse oft

een Angelott daervooren met twelff cabillauwen”).

[320] Carleton, _Letters_, 156, 157. Muller, _op. cit._, 110. _Brit.

Mus. Add. MSS._, 17,677, J, fol. 213_b_. _Lansdowne MSS._, 142, fol.

410. _State Papers, Dom._ Collection, Charles II., vol. 339.

[321] Carleton, _Letters_, 156. Caron to the States-General, 3/13 Aug.

1617; Carleton to the States-General, 27 Aug./6 Sept. _Brit. Mus. Add.

MSS._, 17,677, J, fol. 210, 213. _State Papers, Dom._ Collection,

Charles II., vol. 339.

[322] Carleton, _Letters_, 168, 169, 172, 176, 186. Muller, _op. cit._,

111.

[323] _Brit. Mus. Lansdowne MSS._, 142, fol. 398, 400. “The State of

the Case between his Majesty and the States of the United Provinces,

touching the remanding to his Majesty of a Delinquent,” 19th November

1617. In Cæsar’s handwriting. It describes the circumstances of Brown’s

capture. The counsel whose opinion was obtained were “W. Byrde (? Sir

Wm. Bird, Dean of the Arches), H. Marten, and Hy. Styward.” “Brown,

his Majesty’s subject of the Kingdom of Scotland, was by authority

from that State sent in a pinnace of the King to the subjects of the

United Provinces, who were then fishing for herrings upon the coasts of

Scotland, to demand a certain acknowledgment claimed by his Majesty,

as due unto him in the right of that crown;” that “while delivering

his errand he was arrested and carried prisoner to Holland by the

Dutch commander, who pretended he had warrant and commission from the

Lords the States so to do; that his Majesty (having represented this

indignity by his ambassador there to the Lords the States, the latter

disavowed the act of the captain) requireth the offender there, to be

remanded unto himself here to receive as to justice shall appertain.

_The Question_--Whether this offender ought to be sent herein to

his Majesty as is required. _Answer_--There are good authorities

that if a subject of one State commit a heinous crime within the

territory of another State (though against a private person), the

subject so offending ought to be remitted to the place where the crime

was committed, if it be required.” There were also opinions to the

contrary, but “two very particular circumstances about this offence

seem necessarily to enforce the remission of the Dutch captain to his

Majesty (1) taken from the person of Brown, who was a public messenger

sent by the State of Scotland on the affairs of the Prince, and ought

to have been inviolable by the Law of Nations, and therefore a wrong

and abuse done to him was _contra jus gentium_; (2) taken from the

manner of the wrong done, which was _nomine publico_--viz., by a

pretended commission from the Lords the States.”

[324] Carleton, _Letters_, 219-263. Muller, _op. cit._, 113.

[325] Crail, Anstruther, and Pittenweem, in Fife, and Musselburgh and

Fisherrow, on the opposite side of the Firth of Forth.

[326] 12th March 1618. _Reg. Privy Counc. Scot._, xi. 329.

[327] Record imperfect.

[328] _Reg. Privy Counc. Scot._, xi. 328, 330.

[329] Carleton, _Letters_, 259.

[330] King James to Sir D. Carleton, 4th May 1618. “For the other

part, which is y^e ancient custom alleadged by O^r Subjects that they

(the Dutch) should not fish within Kenning of Land, of which they

make shew to be ignorant, and would understand what is meant by it:

you may say that O^r Subjects do conceave that Custom to be that no

strangers should fish either within the Creeks of O^r Land or within

a Kenning of the Land as Seamen do take a kenning, and insisting

upon this interpretation of O^r Subjects’ meaning, you shall observe

curiously their reply, and what scope and liberty they do limit to

themselves in their fishing, and whether they understand that they may

fish where they list, near or far off, or that they may be confined

to any reasonable bounds, for thereupon will depend a great part of

that resolution which may be taken hereafter in a matter of so great

moment as this is, and the answer you shall receive you may either

advertise by writing, or bring with you, as you shall find O^r service

to require.” _State Papers, Dom._ Collections, Chas. II., vol. 339.

In a later communication to the States-General Carleton described the

land-kenning thus: “Ce qui est une limite bien entendue par gens de

Marine, et appellée en ces quartiers là _The Kenning of the Land_, et

icy _de kennis vant landt_.” Dr P. P. C. Hoek informs me that “het land

verkennen” is even now the technical Dutch expression when a sailor

comes near the coast without knowing at what point he approaches it.

[331] Muller, _Mare Clausum_, 114.

[332] “Ane True Relatione of the Greifs and Wrangs qlks the Inhabitants

of the Isles of Orknay and Schetland and Others his Ma^{ties} Subjects

Fishars within ye Kingdome of Scotland sustains be the Hollanders

and Hamburghgers and wha within these few Zears are associat to the

Hollanders in the Fishing within his Ma^{ties} Seas in Scotland.” _MSS.

Advoc._, 31. 2. 16. It may be noted that the custom referred to in the

last paragraph was of Scandinavian origin.

[333] The Council to the king, 4th April 1618. _Melrose Papers_, i.

306, 307.

[334] 5th June 1618, _Groot Placaet-Boeck, inhoudende de Placaten

ende Ordonnantien van de H.M. Heeren Staten Generael der Vereenighde

Nederlanden, &c._, i. 707. In Fraser’s _Memorials of the Earls of

Haddington_ (ii. 66) there is printed the copy which King James sent to

Lord Binning. Sir Thomas Hamilton became Lord Binning in 1613, the Earl

of Melrose in 1619, and the Earl of Haddington in 1627.

[335] Answer by the States-General of the United Provinces to the

Propositions of the Ambassador of James VI. relative to the Herring

Fishery on the Coast of Scotland, 5th June 1618. Fraser, _Memorials_,

ii. 65. _Resol., St.-Gen._, 5th, 6th June. Muller, _op. cit._, 115.

[336] The king to Lord Binning, 11th June 1618. Fraser, _Memorials_,

ii. 85. Nothing seemed to be known of this treaty. James complained

that the States were not explicit. “This pointe” about the treaty, he

wrote, “they leave obscure, seeing they neyther expresse which of our

predecessouris it was, neyther whether he were our predecessour in

Scotlande or Englande.”

[337] Carleton to Naunton, 19th August 1618.

[338] The king to the Privy Council, 29th August 1618. _Reg. Privy

Counc. Scot._, xi. 440.

[339] P. 131.

[340] Hakluyt’s _Voyages_, i. 246.

[341] M’Pherson, _Annals of Commerce_, ii. 213.

[342] Muller, _op. cit._, 118. In a memorandum drawn up by Sir John

Coke in 1625, the Dutch are said to have first “intruded” in 1613.

_State Papers, Dom._, Chas. I., dxxii. 136. See also _Brit. Mus.

Lansdowne MSS._, 142, fol. 387 _et seq._

[343] Earl of Northampton to King James, August 2, 1612. _State Papers,

Dom._, lxx. 23.

[344] Chamberlain to Carleton, 27th October 1613. _Ibid._, lxxiv. 89.

M’Pherson, _Annals_, ii. 273.

[345] M’Pherson, _Annals_, ii. 274. Winwood, _Memorials_, iii. 480.

M’Pherson speaks of fifteen Dutch, French, and Biscay whalers and four

English “interlopers.” Muller (_Mare Clausum_, 120), quoting from a

contemporary Dutch account, mentions three Biscayers, three Spaniards,

two French, one Dunkirker, and two Hollanders. Both the Spanish and

French Governments protested against the action of the English vessels.

Digby wrote from Madrid (4th September 1613) that the English merchants

at St Sebastian were threatened in person and goods on the return of

the Spanish ships which had been prevented from fishing at “Greenland,”

and they were forced to remain indoors.

[346] A Trew Declaracion of the Discoverie of the mayne Landes,

Islandes, Seas, Ports, Havens, and Creekes, lyenge in the North-West,

North, and North-East partes of the World, _State Papers, Dom._, lxxvi.

51. Muller, _op. cit._, 121, 123. Carleton, _Letters_, 7.

[347] _Groot Placaet-Boeck_, i. 670. Aitzema, _Saken van Staet en

Oorlogh_, ii. 336. _State Papers, Dom._, xcix. 36.

[348] _Ibid._, xcix. 36-41. M’Pherson, _Annals_, ii. 287. Muller, _op.

cit._, 131.

[349] Carleton, _Letters_, 312.

[350] They were Johan van Goch, Ewout van der Dussen for Gelderland and

Holland, and Joachim Liens for Zealand. Holland had at first intended

to send Grotius. _Ibid._, 306.

[351] Among the Cæsar papers in the British Museum (_Lansd. MSS._, 142,

fol. 383) there is one dated 23rd December 1618, containing extracts

“noted out of a book called _Mare Liberum sive de Jure quod Batavia,

&c._, Lugd. Bat., 1609,” together with notes from Welwood’s _De Dominio

Maris_, answering the assertions in that book. It was doubtless a

memorandum to be used in the conferences with the Dutch ambassadors;

and on the back of it are scrawled jottings difficult to decipher,

headed, “The Kinges Speeche touching the Dutchemen’s fishing upon the

coasts of Great Britain and Ireland,” to the following effect: “1. The

treaty never so opportune as now when they fearest it most and their

State least settled; in ill terms with France and Spain. 2. In the East

Indies we can match them, and so in the north voyage (Greenland ?). The

French King taketh part with Barnevelt. The King of Spain prepareth

against Venice. What the King of Denmark, the Princes of the Union,

the ... and the rest of the Protestants think of any falling out with

the Low Countries.” It may be noted that this memorandum contains no

reference to Selden’s _Mare Clausum_, which the author stated was

submitted to the king this year (see p. 366).

[352] The king to the Council, 7th November 1618. _Reg. Privy Counc.

Scot._, xi. 631.

[353] _Reg. Privy Counc. Scot._, xi. 462.

[354] Lord Binning to the king, 27th November 1618. _Melrose Papers_,

ii. 631. The statement was to the same effect as that previously

referred to. A Mr Bruce of Shetland stated that while of old the

Hollanders used to carry on the greater part of their fishery forty

miles and more from the land, yet they came usually within fourteen

miles before shooting their nets; that in the time of the late Earl of

Orkney they came still nearer, within six or seven miles; while now

they came so close that their nets were sometimes torn on the rocks.

Sir Gideon Murray to Lord Binning, 26th November 1618. _MSS. Advoc._,

31. 2. 16.

[355] Earl of Dunfermline to Lord Binning, 27th November 1618. _MSS.

Ibid._ “Concerning the Hollanders fishing in our seas,” he said, “for

all the search and tryall I have made, whilk has been my uttermost, I

can wryte or send to you little more nor before, in effect nothing.”

The Constable of Dundee searched all his records, the records of the

Admiralty were explored, and all those in Edinburgh Castle and in the

city archives, as well as many in the keeping of private persons, and

every one likely to know anything about the matter was communicated

with; but “nothing to the purpose” was found, “nor no recorde of any

wryte made for the Hollanders’ use in 1594 or any other time.” The

“wryte” of 1594, it is to be remembered, was a long treaty made by

James himself. Copies were ultimately discovered of the treaties of

1531 and 1541, but nothing to the point. Copies of the treaty and of

other documents referring to it were obtained, apparently from Holland,

in 1619, and were ordered to be preserved in his Majesty’s Register

in Edinburgh Castle (_Reg. Privy Counc. Scot._, xii. 22); but in 1630

and 1631, when they were again wanted, they could not be found. _State

Papers, Dom._, Chas. I., ccvi. 46.

[356] This referred to the licenses to certain French boats to fish on

the Sowe in the Channel. See p. 65.

[357] “Zijne ma^t was een coninck van de grootste insulen van de werelt

ende seer wel wiste het rechte dat hij hadde opte custen van sijne drij

coninckrijcken.” Commissioners to States-General, (24 Dec. 1618)/(3

Jan. 1619). _Brit. Mus. Add. MSS._, 17,677, J, fol. 372.

[358] Note of Treatie with the Commissioners of the Estates annent the

Fishing. Dec. 1618. _MSS. Advoc._, 31. 2. 16.

[359] Naunton to Carleton, 21st December 1618.

[360] In apprehending Brown, p. 171. Grotius was then in prison, and

known to be the author of _Mare Liberum_.

[361] _State Papers, Dom._, xc. 65.

[362] The Dutch Commissioners to the States-General, (29 Nov.,)/(9

Dec.,) 17/27 Dec. 1618; (24 Dec. 1618,)/(3 Jan. 1619), 3/13 Jan., (23

Jan.)/(2 Feb.) 1619. _Brit. Mus. Add. MSS._, 17,677, J, fol. 364, 367,

370, 374, 380. Muller, _op. cit._, 140, 147, 148, 153. Aitzema, _Saken

van Staet_, ii. 402. Carleton, _Letters_, 326. _MSS. Advoc._, 31. 2.

16. _State Papers, Dom._ Collection, Chas. II., vol. 339, p. 351, 361,

369, &c.

[363] The Dutch Commissioners to the States-General, (30 Jan.)/(9 Feb.)

1619. _Ibid._, 387. Naunton to Carleton, 21st January 1619. Carleton,

_Letters_. Justice, _A General Treatise of the Dominion and Laws of the

Sea_, 179. The States were desired “to cause proclamation to be made,

prohibiting any of their subjects to fish within fourteen miles of

his Majesty’s coasts this year, or in any time hereafter, until order

be taken by commissioners to be authorised on both sides, for a final

settling of the main business.”

[364] P. 223.

[365] Carleton to the king, 6th February 1619.

[366] Muller, _op. cit._, 156. “So verre van ’t Lant souden blijven als

men met oogen konde afsien.”

[367] 2nd June 1619. Dumont, _Corps Diplomatique_, V. ii. 333.

[368] The English, who were the first to carry on the whale-fishing at

Spitzbergen, had taken possession of the best fishing-places: whales

then abounded in the bays close to the shore, where the “cookeries”

were erected.

[369] Muller, _op. cit._, 160. _State Papers, Dom._, cv. 9. The Muscovy

Company, now supported by the East India Company, fitted out nine ships

and two pinnaces for the Spitzbergen fishery in 1619, but the voyage

was unfortunate. After carrying on the fishing for a few years longer

the company abandoned it, though it was carried on on a small scale

by other English vessels, mostly from Hull. The Dutch, on the other

hand, prosecuted the fishing with great vigour and success under the

protection of men-of-war, and they rapidly made it one of the most

profitable industries of the Low Countries. A full account is given by

Zorgdrager, an old whaling captain, who wrote in the early part of the

eighteenth century (_Bloeijende opkomst der aloude en hedendaagsche

Groenlandsche Visscherij_). The Dutch factory on Amsterdam island grew

to a village called Smeerenburg or Oil-town, which was fortified in

1636. In those early years the whales were taken by the ships’ boats,

which lay moored in the bays; later, as the whales got scarce, they

were flensed at sea and the blubber carried home. This was the case

before F. Martens visited the island in 1671.

[370] The king to the Privy Council of Scotland, 16th June 1619. _Reg.

Privy Counc. Scot._, xi. 607.

[371] Since the records of the Scottish Council are silent as to the

steps taken to collect the assize-herrings in 1616 and 1617 and the

capture of John Brown in the latter year, while the Dutch and English

records are equally mute as to the proceedings in 1618 and 1619, it at

first appeared that a mistake might have been made in the dates of the

former, a view that seemed to be supported by the remark in the first

letter of the king to the Council, “to the intent that the Estaitis

may not alledge that no suche dewteis had bene demandit”--a curious

statement in face of the fact that Brown had been carried to Holland

the year before. But the late Professor Masson, who was the editor

of the _Register of the Privy Council_, obligingly informed me that

the documents are the original _Acta_ and not copies; and among the

English State Papers is a letter dated from Holyrood House, on 10th

July 1619, in which it is stated that Captain Murray had been sent to

claim the assize-herrings from the “Flemings” fishing in the northern

seas, and that he was well equipped to secure his safety if his demands

were refused (Raith to Abercromby, _State Papers, Dom._, cix. 127).

The phrase in the king’s letter may be explained by the fact that the

duty in 1616 and 1617 was demanded by the Duke of Lennox, to whom the

assize-herrings had been granted.

[372] _Reg. Privy Counc. Scot._, xi. 605, 608.

[373] See Appendix G. Fenton was one of those who were on intimate

terms with Ben Jonson during the poet’s visit to Scotland. _Reg. Privy

Counc. Scot._, xi. p. clxvii.

[374] _Op. cit._, 606.

[375] _Op. cit._, 593, 603.

[376] Footnote, p. 195.

[377] Carleton, _Letters_, 437, 447, 448, 451. Bosgoed, _Bib. Pisc._,

352. The sum voted in 1620 was 22,000 gulden; in the following years it

varied between 23,000 and 36,000 gulden.

[378] Muller, _op. cit._, 172, 173. Aitzema, _Saken van Staet_, i. 13,

17.

[379] Muller, _op. cit._, 174, 178.

[380] “Ghy sijt sangsues, bloetsuygers van mijn rijck, ghy treckt het

bloet van mijne Ondersaeten ende souckt mij te ruineren.”

[381] Muller, _op. cit._, 191, 194, 203. Aitzema, i. 191, 193.

Journal van de Ambassade van den Heere van Sommelsdyck naer Engelant,

1621-1623, _Brit. Mus. Add. MSS._, 22,866.

[382] 2/12 May 1620. Verboth van Haringh binnen de Klippen van

Yerlandt, Hitlandt, oft Noorwegen te vangen. _Groot Placaet-Boeck_, i.

752.

[383] 2/12 June 1623, _Groot Placaet-Boeck_, i. 708. Muller, _op.

cit._, 206.

[384] _Rec. Convent. Roy. Burghs_, iii. 142. _Reg. Privy Counc. Scot._,

xiii. 308, 317.

[385] George Lord Carew to the Secretary of State, Calvert, 8th March

1623. _State Papers, Dom._, cxxxix. 66. The Lord Mayor to Lords

Grandison, Carew, and Chichester, 27th March, 3rd April 1623. _Ibid._,

cxl. 47, cxlii. 21.

[386] A Project for the Encouragement of Fishing by passing an Act of

Parliament for Building fishing-vessels, to be protected by a Fleet

Royall of 20 ships, the expense to be defrayed by a Tribute of every

Tenth Fish. _Ibid._, clvii. 46.

[387] A Discourse of the Invention of Ships. _Collected Works_, viii.

326.

[388] Naval Tracts, in Churchill’s _Collection of Voyages_, iii. 220,

224.

[389] Cecil to Parry, 10th June 1603. _Foreign Papers, France_, vol.

129. It is endorsed “Souverainty of ye Seas, 1603. Monsr. de Vicque

beares ye armes of france in Dover road.” See also Sully, _Memoires des

Sages et royales Oeconomics d’Estat_, ii. 173, and Kermaingant, _Le

Droit des Gens Maritimes_, 3.

[390] Monson’s Naval Tracts, _ibid._, 222. The Spaniards to whom Monson

refers were no doubt the troops which Don Louis Fajardo had attempted

to carry to Flanders when he was attacked by the Dutch and took refuge

in Dover. Monson, it may be said, was in receipt of a secret pension of

£350 per annum from Spain. Gardiner, _Hist._, i. 215.

[391] Loccenius, _De Jure Maritimo et Navali_, 48.

[392] Thus in the Earl of Warwick’s voyage, in 1627, four vessels

“stood with their forefoot and very earnestly” tried to weather the

king’s ships off Falmouth, among them being a French man-of-war. The

English then shot at the latter, and “soo brought him by ye lee”

(_State Papers, Dom._, lxxix. 17). In 1637 Captain Straddling explained

how he compelled Dutch vessels to take in their flags, lower their

top-sails, and “lie by the lee” (_Ibid._, ccclxi. 41). In the historic

encounters with the Dutch in 1652 the same rule was shown. When Captain

Young met the Dutchmen on 12th May (see p. 402), their admiral came

under his lee and took down his flag, but their vice-admiral, “contrary

to navigation with us in the narrow seas, came to the windward of us”

(_French Occurrences, Brit. Mus._, E, 665, 6). So also when Blake met

Tromp, he “fired two shots thwart Tromp’s forefoot for him to strike

his flag and bear down to leeward, and he taking no notice of it, the

general ordered the third shot at Tromp’s flag, which went through his

main top-sails” (_Brit. Mus. Add. MSS._, 11,684, fol. 5_b_).

[393] The Lords of the Admiralty to Plumleigh. _State Papers, Dom._,

clvii. fol. 121.

[394] Meadows, _Observations concerning the Dominion and Sovereignty of

the Seas_, 2.

[395] _State Papers, Dom._, Chas. I. ccxxix. 79.

[396] 17th October 1632. _The Earl of Stirling’s Register of Royal

Letters_, ii. 627.

[397] _State Papers, Dom._, cxcix. 51.

[398] _State Papers, Dom._, cc. 5.

[399] _Ibid._, ccviii. 27.

[400] _State Papers, Dom._, dxxiii. 74, dxxix. 73. The proposal to

utilise the tenth herring for maintaining a navy had been long before

put forward by Dr Dee. See p. 101.

[401] The other half were exported as red-herrings.

[402] _State Papers, Dom._, 1629, clii. 57.

[403] Mason, who was intimately associated with the fishery scheme,

proposed that the island should be purchased by a company of

naturalised Scotsmen, and fishing stations established; and later he

recommended the purchase of the island by the king, leaving complete

freedom of fishery to all Scotsmen. Sir William Monson urged that a

“government” should be established in the island as well as in Orkney

and Shetland, and also a principal town; and that the children of the

islanders should be taught English, and “correspondence” between the

inhabitants and the Highlanders hindered, “considering the danger of

their too great friendship.” _State Papers, Dom._, 1629, clii. 66, 67,

68. The subject of the Earl of Seaforth’s lease and the fishings is

dealt with by Mackenzie, _History of the Outer Hebrides_, 290 _et seq._

[404] _State Papers, Dom._, clii. 63, 71; clxxx. 97. Dymes’ report is

printed in full by Mackenzie (_op. cit._, 591). The master of one of

the Dutch busses, who transported Dymes from Lewis to the mainland,

told him that the herrings were in such great abundance that they were

sometimes constrained to cast them into the sea again, they having more

in half their nets than they were able to save, “and he was of opinion

that if there had bene a thousand Busses more there was fish enough for

them all.”

[405] _Rec. Convent. Roy. Burghs Scot._, iii. 257, 259, 291. The

arguments against the Dutch were elaborated in a long document, which

concluded thus: “Lastly, theis Netherlanders greatnes, strength,

wealth, arts, and every happines doe originally proceede from their

fishing in his Majesty’s seas of England, Scotland, and Ireland.”

[406] P. 77.

[407] _State Papers, Dom._, clii. 63; clxv. 201; clxxx. 100. _Rec.

Conv. Roy. Burghs_, iii. 300 _et seq._

[408] _Acta Parl. Scot._, v. 220_b_. Captain John Mason, who was

afterwards appointed “Admiral” of the busses belonging to the society,

was apparently originally intended to lay the matter before the

Council. The draft, in Coke’s handwriting, is entitled, “Instructions

for Captain John Mason employed by his Majesty to treat with the Lordes

of the Privie Council of Scotland about the erection of a general

fishing,” and is among the _State Papers, Dom._, clxxx. 101.

[409] _Acta Parl. Scot._, v. 221. This ambitious scheme included the

building of 200 busses of from 30 to 50 tons each, “for a considerable

beginning,” besides the employment of the fishing vessels already

engaged on the coast which were of suitable size. These were computed

to number about 100 in Scotland and 200 in England (employed at

Newfoundland and the north seas), while at least 300 “coasters”

from Berwick to the Thames might also be made available; and it was

suggested that more might be built by the company “in every town,” or

bought from the Dutch. It was estimated that the cost of building and

equipping the 200 busses, including casks, salt, wages, &c., would be

£222,586, and that the total return the first year would amount to

£388,000, made up as follows: (1) summer herring fishing, 20,000 lasts

at £10, equal to £200,000; (2) winter herring fishing, 12,000 lasts at

£12, equal to £144,000; (3) cod and ling fishing in spring, 1,200,000

fish at £30 a thousand, and 600 tuns of oil at £13, 6s. 8d., equal to

£44,000. Several calculations were made about this time as to the cost

of equipping herring-busses, the profits to be derived from their use,

and the loss to the realm by the transport of cured fish by the Dutch;

Monson put the latter loss at £621,750 per annum. _State Papers, Dom._,

clii. 70, clxxx. 99, ccvi. 52; _MSS. Advoc. Lib._, 31. 2. 16; _Brit.

Mus. Sloane MSS._, 26. The latter is a “Discourse on the Hollanders’

Trade of Fishing,” by Sir Robert Mansel, of the usual type.

[410] _Acta Parl. Scot._, v. 225. The committee consisted of fifteen

peers, several bishops, and a large number of commoners. Mason, who

had accompanied Sir William Alexander to Scotland, reported to Coke

that the Council gathered in the Lord Chancellor’s chamber, “he lying

sick of the gout,” to hear the king’s letter read, and that Mr John Hay

“violently opposed” the scheme and attacked the Earl of Seaforth for

bringing in the Hollanders. _State Papers, Dom._, clxxii. 19.

[411] At this time the herring-fishing on the west coast of Scotland,

which began on 1st July and continued till Christmas, employed from

800 to 1500 fishing-boats of from 5 to 6 tons each, besides about

200 “cooper” boats of about 12 tons, which carried casks and salt

and brought back cured herrings to the burghs: about 6000 “seamen”

were employed in this industry. The herring-fishing on the east coast

was for the most part carried on at Dunbar--as many as 20,000 people

sometimes congregating there--and in the deep water where the Dutch

fished in July, August, and September. There was also an important

winter fishing for herrings in the Firth of Forth in November, and

at the North Isles from 1st October till Christmas. The “keeling” or

cod-fishing at the mouth of the Clyde in February, March, and April

employed about 120 of the largest boats; on the east coast this method

of fishing was carried on from 1st April till 24th June.

[412] _Acta Parl. Scot._, v. 226. _Rec. Conv. Roy. Burghs_, iii. 322,

323. The Earl of Seaforth, writing to the Earl of Carlisle on August

17th, said that the Lord Chancellor and the Lord Treasurer had left no

argument unuttered which might induce their countrymen, and especially

the burghs, to concur in the king’s desire about the fishing. The

burghs would not admit any association either with countrymen or

strangers; “they like not,” he said, “that noblemen or gentry should

understand matters of industry,” and they would do what they could to

move the king to delay. _State Papers, Dom._, clxxii. 78. In another

account of the proceedings of the Convention, it is said the burghs

claimed as “absolutely theirs” the fishing within bays and lochs, and

at sea for a distance of “two kennings” from the shore, and stated

that they would admit no partners, either natives or strangers; that

buss-fishing was distinguished by them to be “without two kennings from

the land”; and they would not “on any condition” allow any busses to

participate in the “land fishing” within two kennings, or to land at

all, but only to “make” their fish (cure them) on shipboard, as the

“Flemings” did. It is added that those who would have hazarded some

means in the project were “absolutely discouraged” by the attitude of

the burghs. _Ibid._, ccvi. 45.

[413] _Acta Parl. Scot._, iv. 369. _Statutes of the Realm_, 1 Jac. I.,

c. 2. _Reg. Privy Counc. Scot._, vi. _Nat. MSS. of Scot._, iii. No.

85. _State Papers, Dom._, 1604, x. No. 1. It is unfortunate that the

reasonable delimitation of the territorial fishing waters proposed in

the treaty was not carried out, for there can be little doubt that had

it been it would have become recognised by other nations, and would

have continued to the present day.

[414] _Acta Parl. Scot._, v. 228, 230. _The Earl of Stirling’s Register

of Royal Letters_, ii. 478.

[415] The commissioners were the Earl of Morton (Lord High Treasurer),

the Earl of Monteith (President of the Privy Council), the Marquis of

Hamilton, the Earls of Roxburgh and Carrick, Sir William Alexander, Mr

John Hay, and Mr George Fletcher.

[416] Among other things, the commissioners were instructed to

represent to the king the prejudice which Scotland sustained by the use

of the name “Great Britain” in the royal patents, writs, and records

relating to Scotland, for, they reminded him, “there was no union

as yet with England”; and Charles was to be requested to renew his

seals under the terms _Carolus Dei gratia Scotiæ, Angliæ, Franciæ, et

Hiberniæ Rex_. It must be remembered that at this time the Scottish

aristocracy were smarting under the defeat which the king had recently

inflicted on them in connection with the Act of Revocation, by which

most of the church, property in the hands of laymen was re-annexed to

the crown.

[417] _Acta Parl. Scot._, v. 232.

[418] _Rec. Conv. Roy. Burghs_, iii. 325. The foreigners from Hamburg

and Bremen were chiefly engaged in trade and barter.

[419] _Fœdera_, xix. 211. _State Papers, Dom._, clxxxvii. 46. The

commission was dated 8th December 1630, and the other commissioners

were the Earls of Salisbury, Dorset, and Carlisle, Viscounts Wimbledon

and Wentworth, Sir John Coke, Sir Francis Cottingham, and Sir William

Alexander, who was Secretary for Scotland.

[420] _Acta Parl. Scot._, v. 235. _Rec. Conv. Roy. Burghs_, iv. 526.

_State Papers, Dom._, clxxxviii. 72. In the record of the burghs

the distance from the shore on the east coast, at the Orkneys and

Shetlands, and on the north coast, is given as forty miles; but as the

original records of the Convention between 1631 and 1649 were lost, and

that printed is from an abstract prepared in 1700, it appears that an

error was made in the transcribing.

[421] The Duke of Lennox had some time before this proposed the

formation of a fishery society for the purpose.

[422] _Acta Parl. Scot._, v. 236. The Act referred to was passed in

1607 by the Scottish Parliament, but it was to be inoperative until a

corresponding Act was passed by the Parliament of England, which was

not done.

[423] _State Papers, Dom._, cxci. 7. Memorandum, dated 11th May 1631,

by Secretary Coke, on “Matters in difference betwixt the English

and Scottish Commissioners concerning the fishing.” From this paper

it appears that the Scottish commissioners made the most of points

relating to naturalisation; they objected to the natives being employed

as fishermen by the association, and they would say nothing about the

proportion of busses that might be set forth in Scotland.

[424] _Stirling Letters_, ii. 538, 544. _Acta Parl. Scot._, v. 236.

Charles, it will be observed, mentions 15 miles. The miles stated in

the Scottish documents were Scots miles of 5929·5 imperial feet, 10

Scots miles being equal to nearly 11¼ imperial miles; the extent of the

reserved waters was therefore very nearly 15¾ imperial miles (15·72).

[425] _Rec. Conv. Roy. Burghs_, iv. 534.

[426] _Acta Parl. Scot._, v. 238.

[427] _Rec. Conv. Roy. Burghs_, iv. 534, 535.

[428] “Whereat we ourselff for the most part were present,”--king to

Council, 15th July 1632. _Stirling Letters_, ii. 604.

[429] _State Papers, Dom._, ccvi. 46.

[430] _State Papers, Dom._, ccvi. 50.

[431] _State Papers, Dom._, cciii. 53, 54, 19th November 1631. The

draft appears to have been prepared and altered entirely by the king

himself.

[432] _State Papers, Dom._, ccxxix. 78, 83, 87, 89.

[433] The king to the Council, 15th July 1632. _Stirling Letters_, ii.

605, 606, 617. _Acta Parl. Scot._, v. 245.

[434] The Act specified by the king was passed in 1491, but he seems

rather to have been referring to the Act 6 James III., c. 48. “That

Lordes, Barrones and Burrowes gar make Schippes, Busches, and greate

Pinck-boates with Nettes,” which was passed in 1471, “for the common

good of the realm and the great increase of riches,” to be brought from

other countries in exchange for fish exported. The Act of James IV.,

“Anent the makeing of Schippes and Busches on the quhilk all Idle Men

suld Laboure,” was an early attempt to carry out the policy advocated

by English writers in the sixteenth, seventeenth, and eighteenth

centuries. It enacted that ships and busses, not under twenty tons

burden, should be built in all the burghs and towns of Scotland,

provided with mariners and nets: and power was given to compel “idle

men” to man them.

[435] _State Papers, Dom._, ccvi. 47. “What is required from the Lords

and Gentry of Scotland towards the fishing.”

[436] _Acta Parl. Scot._, v. 236.

[437] _State Papers, Dom._, ccxxi. 1 ; _Acta Parl. Scot._, v. 239.

[438] The councillors nominated by Charles were, for England and

Ireland, Lord Weston, the High Treasurer (created Earl of Portland

in February of the following year), the Earl of Arundel, the Earl

of Pembroke, Viscount Savage, Lord Cottingham, and Secretary Coke;

for Scotland, the Earl of Morton, the High Treasurer, the Earl of

Stratherne and Monteith, President of the Privy Council, the Earl of

Roxburgh, Viscount Stirling, Mr John Hay, and Mr George Fletcher.

[439] Martin, who visited the Hebrides about the year 1695, saw the

foundation of a house, which, the natives told him, had been built by

the Society as a store for salt and casks, on Hermetra, a small island

in the Sound of Harris; and he saw a similar relic on a small island

called Vacksay, in Loch Maddy. He was informed by the natives that “in

the memory of some yet alive,” as many as 400 sail had been loaded

with herrings in Loch Maddy in one season: at the time of his visit

the fishing had been abandoned, though herrings were plentiful. _A

Description of the Westerne Islands of Scotland_, pp. 51, 54, 55.

[440] Simon Smith, who was latterly Secretary to Pembroke’s

association, afterwards stated that the Society had attained to the

proper cure of herrings, and was likely to have been ultimately

successful. This opinion was not shared by Dutch writers. The author of

_The True Interest and Political Maxims of the Republic of Holland_,

published under the name of De Witt, says the herrings the Society

sent to Dantzic in 1637 and 1638, though caught at the same time and

place as the Hollanders’ herrings, were “esteemed naught to the very

last barrel”; and a contemporary author, Meynert Semeyns, a skipper of

Enkhuisen, in a work written in 1639 (_Een corte beschryvinge over de

Haring-visscherye in Hollandt_), says the same thing. “The Dutch,” he

boasted, “catch more herrings and prepare them better than any other

nation ever will; and the Lord has, by means of the herring, made

Holland an exchange and staple-market for the whole of Europe.” No

other nation, he added, ever tried the industry but to their loss, and

the example adduced was the Society’s herrings sent to Dantzic.

[441] In August and September 1633, before the Council had met (busses

having been purchased on the strength of subscriptions promised),

two busses were taken by Dutch men-of-war and one by a Dunkirker.

The former captures were doubtless made because the Dutch fishermen

were acting contrary to the fishery laws of the United Provinces in

taking service with aliens, and they were promptly disavowed by the

States-General and the busses restored. The Dunkirkers made prize of

some of the busses (there were ten or twelve of them) almost every

year: one, the _Salisbury_, was taken twice, and in 1639 four were

captured. Spain was then at war with the United Provinces, and the

Dutch buss was a natural prey of the Dunkirk privateer.

[442] P. 309.

[443] _State Papers, Dom._, ccccxxix. 48. Order of the King in

Council, 29th September 1639. “Taking into consideration of what great

importance it is and may be to the good of this kingdom to plant,

increase and cherish the fishery in the North seas, and understanding

that the Dutch, who reap an annual great benefit thereby, have and

do not only privately underhand, but too manifestly also oppose the

endeavours of his Majesty’s good subjects, who have of late years

employed their industry that way,” it was ordered that the Lord

Treasurer, the Earl Marshal, the Lord Admiral, the Lord Chamberlain,

the Earl of Dorset, and one of the Secretaries of State, calling to

their aid Sir Henry Marten (Judge of the Court of Admiralty), should

forthwith “consult and advise what fitting course may be taken to

advance and settle the said fishery, and particularly to consider

whether it may not be fit to debar the exportation of lampreys, without

which the Dutch cannot well, as is informed, continue their fishing

for cod and ling, until his Majesty’s subjects be quietly settled

in the herring fishing.” The Dutch obtained their lampreys for bait

almost exclusively from England, and chiefly from the Thames. The

above account of the proceedings of the Fishery Society is summarised

(for the most part) from numerous State Papers. It was stated by Simon

Smith, who was latterly Secretary to Pembroke’s association, that

£10,000 was lost through the Dunkirkers.

[444] Oppenheim, _A History of the Administration of the Royal Navy_,

i. 215, 217, 221.

[445] _Ibid._; Hannay, _A Short History of the Royal Navy_.

[446] Oppenheim, _op. cit._, 265.

[447] Oppenheim, _op. cit._, 275.

[448] _State Papers, Dom._, lvi. 66; lxi. 81; lxx. 8, 9; liv. 56; xc.

70, 119; clxii. 82, 45.

[449] _State Papers, Dom._, lix. 79; xci. 30, 45; xcii. 62; xciii. 82;

xcv. 39; clxiii. 65; clxxx. 94. In 1630 a Yarmouth fisherman, owner

of one of the Iceland smacks under convoy, petitioned the Council for

relief from the payment of the twenty shillings, on the grounds that

before the Order was made he had paid £5 for the assurance of his boat

during that season to the assurance office in London, and that three

boats belonging to him had been previously taken by Dunkirkers.

[450] Oppenheim, _op. cit._, 276.

[451] _State Papers, Dom._, cclxviii. 31, 88 ; cclxiv. fol. 20_a_;

ccxciii. 107; ccxciv. 46.

[452] _State Papers, Dom._, ccxciii. 107; ccxciv. 46; ccxcv. 31, 69,

71; cclxiv. fol. 164. Many of the crew of the man-of-war were English,

Scottish, or Irish. It was probably owing in part to the considerable

numbers of British subjects serving on the Dutch men-of-war that they

were always favoured by the country people.

[453] _Ibid._, ccxcvi. 5, 14, 30. Joachimi to States-General, (26

Aug.)/(4 Sept.), _Brit. Mus. Add. MSS._, 17,677, O, fol. 380.

[454] _Brit. Mus. Add. MSS._, 30,221, fol. 43_b_.

[455] Reglement for Preventing Abuses in and about the Narrow Seas and

Ports, March 1633. _State Papers, Dom._, cclx. 127, 128; cclxxix. 18.

_Brit. Mus. Add. MSS._, 30,221, fol. 44 (Pepys’ collections). Copies

exist in _State Papers, Dom._, vol. 515, Nos. 38, 39 (1647), extracted

from _Admiralty Book_, Liber E, and in _State Papers, Dom._, Jas. I.,

vol. 11, No. 40 (1604), wrongly calendered (see p. 119).

[456] _Ibid._, liv. 9, 33.

[457] Oppenheim, _op. cit._

[458] _State Papers, Dom._, lxxxvi. 73, 75; ccxxix. 102.

[459] Gardiner, _Hist._, vii. 349 _et seq._

[460] Gardiner, _op. cit._, 368.

[461] _State Papers, Dom._, cclxxxvii. 55; ccxci. 14.

[462] _Ibid._, cclxxvi. 65.

[463] Rushworth, _Collections_, ii. 257. _State Papers, Dom._, cclxxvi.

64. Compare the language of Edward III. in 1336, p. 36.

[464] Rushworth, ii. 294, 353. Compare Windebank’s notes of the speech,

_State Papers, Dom._, ccxc. 108: “The Judges at the Assizes to let the

people know his Majesty’s care to preserve the ancient dominion (of the

seas).”

[465] Gardiner, _op. cit._

[466] _State Papers, Dom._, cclxix. 51.

[467] _Resol. States-General_, 9/19 Nov. 1633; Muller, _Mare Clausum:

Bijdrage tot de Geschicdenis der Rivaliteit van Engeland en Nederland

in de Zeventiende Eeuw_, 229.

[468] _State Papers, Dom._, ccxxxiv. 87; Nicholas’s _Letter Book_, Feb.

16, fol. 97. Muller thinks it was this revival of feeling about the

dominion of the sea that caused the edition of Grotius’ _Mare Liberum_

to be published this year, with the Magnus Intercursus appended.

[469] Coke to Boswell, 16/26 April 1635. Needham, _Additional Evidences

concerning the Right of Soveraigntie and Dominion of England in the

Sea_; Justice, _A General Treatise of the Dominion and Laws of the

Sea_, 181; Entick, _A New Naval History_, xvii. If, as is probable, the

mention of discourses concerning _Mare Clausum_ referred to Selden’s

work, it would show that the author was then known to be engaged in

writing it.

[470] “Dessein de Sa Ma^{te} de la grande Bretagne p̄ sa flotte

p̅r̅e̅nte,” 15/25 May 1635. Aitzema, _Saken van Staet en Oorlogh_, ii.

164; Muller, _op. cit._, 230. Boswell suppressed the reference to the

Dutch fisheries and to the old troubles at Greenland and in the East

Indies, and he toned down the part prohibiting the warships of other

nations from keeping guard in the British seas.

[471] _State Papers, Dom._, cclxxxvi. 100.

[472] They were as follow: _Merhonour_, admiral, 44 guns; _James_,

vice-admiral, 48 guns; _Swiftsure_, rear-admiral, 42 guns; _St

George_, 42 guns; _St Andrew_, 42 guns; _Henrietta Maria_, 42 guns;

_Vanguard_, 40 guns; _Rainbow_, 40 guns; _Red Lion_, 38 guns; _Constant

Reformation_, 42 guns; _Antelope_, 34 guns; _Leopard_, 34 guns;

_Swallow_, 34 guns; _Mary Rose_, 26 guns; _Bonaventure_, 34 guns; and

the First, Third, Eighth, and Tenth _Lion’s Whelps_, of 14 guns each.

The merchant ships were the _Sampson_, _Freeman_, _Royal Exchange_,

_William Thomas_, and _Pleiades_.

[473] The king to the Earl of Lindsey, _State Papers, Dom._,

cclxxxviii. 84.

[474] Instructions for our very good Lord, the Earle of Lindsey,

Admirall of his Majesties’ fflete, in his Majesty’s shippe the

_Merhonour_, prepared for this present Expedic̃on for Guard of the

Narrow Seas. 2nd May 1635. _State Papers, Dom._, clvii. fol. 135_b et

seq._

[475] _Ibid._, cxcii. 3, 21st May 1631; clvii. fol. 117_b_. It was

found that the French had a fleet of thirty-nine men-of-war, and two

additional ships were building. _Ibid._, cxcviii. 84.

[476] 20th May 1631. _Ibid._, cxci. 80.

[477] _State Papers, Dom._, ccxxxvii. 1.

[478] _Ibid._, clvii. fol. 132, 26th April 1634.

[479] In the memorandum which Pennington submitted to the Admiralty, he

said: “Sixtly, that if any stranger bee oprest by another stranger y^t

is stronger than hee, within the jurisdicion of ye Narrow Seas, and y^t

hee flyes for succor or refuge to any of his Majesty’s shippes imployed

for the guard of the sayd Seas, and come under his lee, and craves

protection, whether his Majesty’s ffloatinge ffortes shall not have

ye same privelege in succoringe and defendinge them as ffortes a Land

hath.” _Ibid._, cclxv. 23.

[480] Windebank and Cottington were two of the three in the confidence

of the king as to the secret negotiations with Spain. _State Papers,

Dom._, cclxv. 23, 25, 26, 41, 49, 78, 89; clvii. fol. 132.

[481] An equally obscure answer of Coke’s is recorded in the collection

of papers for the ambassadors to Cologne in 1673 (_State Papers, Dom._,

Chas. II., vol. 339, p. 513). “1636. Ea Leicester (_sic_) Query--What

answer shall I give if I be asked what I mean by the seas of ye King

my master, or our seas? The Answer returned by Mr Secretary Coke in

his own hand: By the King’s or our seas you are not to understand or

condescend to any restrictive sense but to answer ye Brittish Seas:

and that the 4 seas mentioned in our laws are thereby meant, which you

must not otherwise circumscribe or limitt; besides they are the same

which in all antiquity have been acknowledged to belong unto us, as is

sufficiently proved by authentic records.”

[482] _State Papers, Dom._, cclxxxviii. 84, 85.

[483] _State Papers, Dom._, cclxxxviii. 4; cclxxxix. 75. He had “no

more than two blue and two white flags with six pendants to each of

them; there are wanting two red flags and six pendants, one blue flag

and one white.” The office of Lord High Admiral was in commission from

the death of the Duke of Buckingham in 1628 until the appointment of

the Earl of Northumberland in 1638.

[484] Gardiner, _Hist._, vii. 385.

[485] The inhabitants of the coast were apprehensive of the French

fleet, and the Admiral sent a message to the Mayor offering to show his

orders from the King of France, which bound him to honour and respect

everything that belonged to his Majesty of Great Britain. _State

Papers, Dom._, ccxci. 23.

[486] _State Papers, Dom._, ccxci. 58, 59.

[487] Gardiner, _op. cit._, 385; _State Papers, Dom._, ccxcv. 61.

The English agent in France reported in August that two squadrons

under French admirals, and bearing the French flag, were to ply, one

along the coast of France from Belle Isle to Bayonne, the other at

the mouth of the Channel. The remainder of the fleet, half French and

half Hollander (which guarded the coast up to Calais and to the north

of it), bore the States’ colours, and were under the command of the

Hollander Admiral,--“an expedient to avoid acknowledging his Majesty’s

right in the Channel, in case this squadron should meet his Majesty’s

fleet and be constrained to vail the bonnet.”

[488] Gardiner, _loc. cit._

[489] It was from this Hollander, met off Beachy Head on 9th June, that

Lindsey learned that the French fleet was at Portland.

[490] _State Papers, Dom._, ccxci. 80, 27th June 1635.

[491] _Ibid._, ccxcvi. 14.

[492] _State Papers, Dom._, ccxciii. 12.

[493] Gardiner, _op. cit._, 386.

[494] Lindsey to the king, 2nd August; Coke to Lindsey, 4th August.

_State Papers, Dom._, ccxcv. 9, 42. The rumour that two of the king’s

ships were to go north to the busses reached the ears of the States’

ambassador. _Brit. Mus. Add. MSS._, 17,677, O, fol. 376.

[495] _State Papers, Dom._, ccxcvi. 5, 14, 16, 30. _Brit. Mus. Add.

MSS._, 17,677, O, fol. 380. _Res. Holl._, 7th September, Bosgoed, _op.

cit._, p. 358. Twelve busses and three of the convoys took refuge at

Newcastle; others in the Firth of Forth. The skipper of a coasting

vessel from Scotland to Scarborough saw seven busses in flames; the

sky was red from the conflagration. The _Leopard_, one of Lindsey’s

fleet, convoying merchantmen to Dunkirk, met eighteen of the privateers

returning in triumph. The Dutch busses were the natural prey of the

Dunkirkers, and the States were put to great expense and pains in

guarding them. In 1625 a Spanish agent, Egidio Ouwers, submitted to

Cardinal de Ceva, at Brussels, an elaborate plan for destroying the

Dutch herring fishery, so as to “spoil their chiefest mine by which

they maintained their wars.” _State Papers, Dom._, dxxi. 30.

[496] _State Papers, Dom._, ccxcv. 44.

[497] The facts as to the movements, &c., of the fleet are mostly taken

from the Earl of Lindsey’s Journal, written for the king’s information,

and preserved in the Record Office. “A Relation of the passages that

daily happened in this late expedition under my conduct, being by Your

Majesty’s gratious appointment Admiral and General of your Majesty’s

ffleet sett forthe for guard of your Narrow Seas, from the time that

the ships mett all together in the Downes, 28^o May, untill the 8^o of

October following, I making my first entrance aboard yo^r Royall ship

the _Merhonor_, 16^o May, in Tilbury Hope.” _Ibid._, ccxcix. 28.

[498] Pennington to Nicholas, 3rd August 1635. _State Papers, Dom._,

ccxcv. 18. Pennington, it may be said, lost no chance of sneering

privately at the Earl of Lindsey, especially in his correspondence with

his friend, Nicholas, the Secretary to the Admiralty. When Lindsey

finally reached the Downs in October, and Pennington was appointed

to command the winter fleet, he told Nicholas that he had hoped that

“they” who had had the “sweet of the summer should have had a little

of the sour sauce of the winter”; he had spent “twice as much as he,

and more every way for the king’s honour.” Nicholas shared the feeling.

On hearing that Lindsey had appointed a French cook on board the

_Henrietta Maria_ he refused to believe it, “as it was never since his

time known that any Frenchman was admitted scarce to go aboard, much

less to be an officer in any of the king’s ships”; and he foretold

great evils from it. _Ibid._, ccxcix. 19; ccxci. 61.

[499] Gardiner, _op. cit._

[500] _Brit. Mus. Add. MSS._, 17,677, O, fol. 364.

[501] _State Papers, Dom._, cclxxviii. 3. Roe’s reference was to the

fishings at the Zowe or Sowe, where great numbers of gurnards were

caught (see p. 65). The stipulation of Richelieu concerned the allied

squadrons which were to blockade Dunkirk, as arranged by Article viii.

of the treaty. Article xii., after providing for the size of the

squadrons, continues, “Et au cas que lesdites esquadres viennent à

s’assembler, comme il peut arriver qu’il sera necessaire pour le bien

commun, l’Admiral desdits Seigneurs les Estats abaissera à l’abord son

pavillon du grand mast, et le saluëra de son canon, et celui du Roi le

resaluëre comme de coustume, et comme il en a esté use par le Roi de la

Grande Bretagne.” Dumont, _Corps Diplomatique_, 83 (?).

[502] _State Papers, Dom._, lxxix. 17. “Athwart ye opening of Falmouth

four sailes stood with their forefoot,” and very earnestly tried to

weather the English ships. Among them was a French man-of-war of

Rochelle, but they shot four or five pieces of ordnance at him, and

“soo brought him by ye lee.” See p. 207.

[503] He reported, 16th September 1631, that two English merchantmen

had met five French men-of-war, bearing the French king’s colours on

the main-top, and the Malta colours on the poop, who saluted them with,

“Amain, rogues, for the King of France”; but as the English ships

refused to strike and prepared to fight, the French sheered off. He

added that he had learned, through an interview between one of his

lieutenants and one of the French commanders, that the latter had a

commission to compel any English ships he could master to take in their

flags and dowse their top-sails, and that three French admirals had

been appointed for regaining the regality of the Narrow Seas, because,

as the French officer said, the Pope had taken it from France and given

it to England, but now that we had fallen from their religion it had

been reassigned. _State Papers, Dom._, cxcix. 51.

[504] Nicholas to Pennington, 29th September 1631. _Ibid._, cc. 45.

[505] Pennington to Nicholas, 2nd October (_ibid._, cci. 7).

Pennington, whose information about the French trying to make the

English strike had given the Admiralty and the king “good content”

(_ibid._, cc. 27), had been ordered westwards to retaliate, but “he

hoped the Lords would not think that his two ships half-manned were

able to encounter with twenty well manned”. _Ibid._, cci. 29.

[506] 14th October, 12th November 1631. _State Papers, Dom._, cci. 54;

cciii. 32.

[507] _Ibid._, cclxiii. 75.

[508] _Ibid._, cccxvii. 102.

[509] _State Papers, Dom._, cclxv. 23, 25, 41, 49.

[510] _Ibid._, cccxvii. 102.

[511] _State Papers, Dom._, cci. 59; ccii. 17; ccciii. 71, 79; ccx. 58;

ccxxxiv. 37; ccxlviii. 81.

[512] _State Papers, Dom._, ccxx. 25, 26.

[513] _Ibid._, ccxxxiv. 5, 32. “The Ambassador and the other Lords

being at dinner in the great cabin, the gunner sent word that a

Hollander was passing with his top-sails a-trip, to whom he gave

order to make a shot. The Lords and gentlemen left the table to see

the event, but the Hollander, neither for that shot nor two or three

others, would lower the same one foot; whereupon he gave order to shoot

him through, which was done, with as much speed as they could bring

ordnance to bear, so as before she passed she had twenty shot in and

through her sides, which they heard to crash in the same. They could

perceive but one piece she had forth; to that fire was given twice. The

shot came not near, but they might well hear the same. After her came

the Admiral with his flag on the main-top.” Ketelby cleared for action

and was giving orders for a broadside; but the ambassador twice desired

him to give over and stand for Dover, and he submitted. If it had not

been for his passengers, Ketelby did not doubt he would have brought

them in to answer the contempt.

[514] _State Papers, Dom._, ccxcv. 13; ccxcvii. 28; ccxcviii. 16. It

was the usual practice to make the offender pay for the shot.

[515] _State Papers, Dom._, ccc. 43; ccci. 28; ccxcix. 21.

[516] _Ibid._, cclxv. 49.

[517] Ketelby and Viscount Conway explained that it was necessary to

punish them in a public manner, since imprisonment in the bilboes

and such corporal punishments were not effective. Conway recommended

Scott’s fine to be remitted, owing to his worth and poverty, as well as

from the fact that he had recently been taken captive by the “Turkish”

pirates, and his ransom was not all paid. Bushell, as we learn from a

petition “of divers poor men, women, and children, whose kindred are

now in slavery at Argier and Sallee,” had redeemed and brought home

thirty of the captives; and it is probable that neither of the fines

was exacted. It is doubtful if Lindsey’s action was regular, for the

vessels, according to his statement, had not come within gunshot.

The _Neptune_ was one of the three ships fitted out by London for

Northumberland’s fleet. _State Papers, Dom._, ccxv. 28, 65, 67; cclxv.

50; cclxiii. 75; ccxcvi. 30, 34, 37; ccci. 31.

[518] Molloy, _De Jure Maritimo et Navalis_, 149.

[519] _Regulations and Instructions relating to his Majesty’s Service

at Sea_, 1734, 1766, 1790, Art. xi.; 1808, Art. xxiv. A case of the

kind occurred in 1829. Phillimore, _Commentaries upon International

Law_, ii. 58.

[520] Gardiner, _op. cit._, viii. 84.

[521] _State Papers, Dom._, ccxcvi. 69; cci. 26, 97.

[522] _State Papers, Dom._, ccciii. 74; cccv. 36, 38; cccxi. 1. The

total number of men in the first fleet, which included five of the

“Whelps” and two pinnaces then building, was to be 4580; in the second,

in which were included two “Whelps,” it was to be 1890.

[523] Hume (_Hist. Engl._, ch. lii. an. 1636), following earlier

writers, places the number at sixty. Thus Frankland (_Annals of King

James and King Charles the First_, 477 (1681)) speaks of “sixty gallant

ships.” Baker (_A Chronicle of the Kings of England_, 455 (1679))

and others, including most of the naval historians of the eighteenth

century, give the same number.

[524] Northumberland’s Journal, _State Papers, Dom._, cccxliii.

72. Pennington, on hearing of the appointment of the Earl of

Northumberland, wrote in February 1636 to the Council expressing his

satisfaction; verily believed he would carry himself like a general in

all respects, unless led away, “as the last was, by such as neither

knew the honour of the place nor the way of managing the service for

the honour and safety of the kingdom.”

[525] _State Papers, Dom._, ccxcviii. 63.

[526] The Lords of the Admiralty to the king, 24th February 1636.

_State Papers, Dom._, cccxiii. 24, 25. The documents are in Windebank’s

writing; the first is endorsed “Fishing. Waftage. An excellent Piece.”

See Appendix I.

[527] “Instructions for our very good Lord, the Earle of

Northumberland, Admirall of his Majesty’s fflete in his Majesty’s ship

the _Triumph_, prepared for this present Expedic̃ion for guard of his

Majesty’s Seas.” _State Papers, Dom._, clvii. fol. 141.

[528] Gardiner, viii. 157. The English ships were “clogged with

timber,” which, however, served them well in the first Dutch war when

they were pitted against the slighter-built ships of the States.

(Oppenheim, _op. cit._, 254.)

[529] _State Papers, Dom._, clvii. fol. 141_b_; ccxiv. 107. The Earl of

Northumberland to the Lords of the Admiralty, cccxxi. 44, 45, 65, 78,

87; cccxxii. 16, 40; cccxxv. 78, 79; cccxxvi. 16, 38; cccxxvii. 42, 73.

The Lords of the Admiralty to Northumberland, 14th June, cccxxvi. 32.

[530] Rowland Woodward to Francis Windebank, 16th December 1630. _State

Papers, Dom._, clxxvii. 13. The writer said he “much feared the event

if it should be put in execution.”

[531] _Ibid._, cclxxix. 67.

[532] Petition of the Governor, Assistants, and Fellowship of the

Merchant Adventurers of England to the Council. _Ibid._, cclxxxix. 91.

[533] _Ibid._, cclxxxv. 84.

[534] _State Papers, Dom._, cccviii. 48; cccxx. 14.

[535] A Proclamation for Restraint of Fishing upon His Maiesties Seas

and Coasts without License. _State Papers, Dom._, cccxx. 62. _Fœdera_,

xx. 15.

[536] The form annexed to the Earl of Northumberland’s instructions,

sent to him on 14th June from Hampton Court, and which he received at

Plymouth on the 22nd, is as follows:--

“CHARLES R.

“We are gratiously pleased by these Presents to grant Lycense to ... to

fish with the Men and Company belonging to a Ship or Vessel called the

... being of the Burthen of ... Tonnes, upon any of Our Coasts or Seas

of Great Brittaine and Ireland, and the rest of our Islands adjacent,

where usually heretofore any fishing hath been. And this Our Lycense to

continue for one whole Year from ye Date hereof: Willing and requiring

as well all Our subjects as others of what Nation, quality or condition

soever that they give no Impeachment or molestation to ye said ... or

his company in the said Vessell in the Execution of this Our Lycense,

upon such Paines and Punishments, as are to be inflicted upon the

Violators of Our Royall Protection, and the wilful Breakers of Our

Peace, in Our aforesaid Dominions and Jurisdictions, further requiring

and Commanding all Our Admiralls, Vice-Admiralls, Rere-Admiralls and

Captaines of Our Ships, Castles, and Forts to protect and assist the

said ... in ye quiet enjoying the benefit of this Our Lycense.”

Another form, dated in July, was as follows:--

“Charles by the Grace of God King of Great Brittaine, France

and Ireland, Defender of the Faith, &c. To all his Admiralls,

Vice-Admiralls, Rere-Admiralls, and Captaines of oure Shippes, Castles

and fforts, and to all and every other our Officers, Ministers and

subjects to whome it shall apperteyne, Greeting. Whereas Wee are

gratiously pleased by these presents to grant License to ... Master of

a Busse or Vessell called the ... beinge of the burthen of ... Tonnes,

To fishe with the Men and Company belonging to the said Busse or

Vessell upon anie of our Coastes and Seas of Great Brittaine, Ireland

and the rest of our Islands adiacent where usually fishing hath bene,

from the date hereof, to the last of December next. These are to will

and require as well Yow our said Officers and Subjects, as others of

what Nacion, quality, or condition soever That yow not onely give noe

impeachment or molestacion to the said ... or his Company in the said

Vessell in the Execucion of this Our License, upon such paynes and

punishments, as are to be inflicted upon the Violaters of oure Royall

Protecion and the wilfull Breakers of our Peace in oure aforesaid

dominions and jurisdictions: But that yow protect and assist the said

... and his Company in the quiet enioying the benefitt of this oure

License during the time before limitted: Given ...” _Ibid._, cccxxvi.

32; cccxxix. 77, 78, 79. It appears from copies without the names and

particulars filled in, which are preserved at The Hague, that the first

form was used in July, a certain Joost Bouwensz of Delfshaven having

accepted one on the 24th (N.S.) of that month.

[537] _State Papers, Dom._, cccxix. 81; cccxxii. 40; cccxxvi. 32;

cccxvii. 93; cccxxviii. 11, 41, 69.

[538] The herring-busses in ordinary course fished all night in fleets,

with their drift-nets floating in the water; during the day the crews

were employed in curing and packing the herrings caught.

[539] “Next day wee fetched in 4 more of them, and having caused their

busses to be manned with English, and threatened the takeing away

their nettes, they at last consented to take Licenses, and paying

the acknowledgment I sent them all away very well satisfied.” These

busses belonged to the Enkhuisen herring fleet, which was convoyed by

a warship under Captain Gerrit Claesz. Ruyter, to whom Northumberland,

after the licenses had been accepted, gave a written certificate and

safe-conduct for bringing in the busses. Muller, _Mare Clausum_, 269,

377.

[540] These were the Delfshaven busses, the skipper of one being Joust

Bouwensz, previously referred to. According to the Dutch accounts,

money was scarce on the busses, but the English very willingly took

herrings instead, a barrel of herrings being reckoned at from four to

four and a-half florins.

[541] These were the _Victory_, _Repulse_, and _Swallow_. From a report

of the Officers of the Navy to the Admiralty, on 20th August, we learn

that the _Repulse_ had a great many sick on board--“some three or four

having died within these two days; some thirty sick were landed at

Margate and eight are ill on board. The surgeon is dead, as is said

of the spotted fever, full of spots, and it is much doubted that the

pestilence is amongst them.” The plague in this and the following year

made great ravages in London and at the naval ports, partly from the

want of simple precautions--_e.g._, in this case the sick men were

to be discharged “for fear of infection (of the ship) and to cease a

needlesse charge.” _State Papers, Dom._, cccxxx. 61.

[542] The account of the movements of Northumberland’s fleet is

extracted from his “Journall of oure Summer’s Voyage in the yeare

1636.” _State Papers, Dom._, cccxliii. 72.

[543] Northumberland to Windebank, 16th August 1636 (from Scarborough).

_State Papers, Dom._, cccxxx. 41. About 400 licenses in all, each

signed by the king, had been furnished to the Earl.

[544] 20th Dec. 1628. “Clachten van de insolentien van’t bootsvolk en

de visschers deser landen in Schotlandt.” Muller, _op. cit._, 232.

[545] The English Company and the king’s relation to it were considered

by the States in January 1631, 25th Oct. 1632, 19th Nov. 1633, and 15th

Sept. 1634. (Bosgoed, _Bib. Pisc._, 357. Oprichting eener Engelsche

compagnie voor de Haring-visscherij, Muller, _op. cit._, 235.)

[546] _Verbaal van Beveren_, 1636-37. Muller, _op. cit._, 246.

[547] _Brit. Mus. Add. MSS._, 17,677, P, fol. 67 _et seq._

[548] Van Beveren to the States-General, 15/25 Aug. _MSS. Add._,

17,677, P, fol. 88. In his letter he says the tax on each ton was

“twee sixpenningen,” or an English shilling. Others placed it at two

shillings a last.

[549] Aitzema, _Saken van Staet en Oorlogh_, ii. 409. Muller, _op.

cit._, 263.

[550] Joachimi to the States-General, (31 Aug.)/(10 Sept.), 9/19 Sept.

1636. _Brit. Mus. Add. MSS._, 17,677, P, fol. 99, 100. _Verbael van

Joachimi_, 1636. Muller, _op. cit._, 264.

[551] Elizabeth to Sir Thomas Roe, 15/25 Aug. 1636. _State Papers,

Dom._, cccxxx. 38.

[552] Roe to Elizabeth, 19th Aug., 20th Sept. _Ibid._, cccxxx. 50;

cccxxxii. 1.

[553] Northumberland to the Admiralty and to Secretary Coke, Sept. 16.

_State Papers, Dom._, cccxxxi. 55, 56.

[554] _State Papers, Dom._, cccxxxii. 39.

[555] Northumberland’s Journal, _Ibid._, cccxliii. 72; Northumberland

to Nicholas, 6th October 1636. _Ibid._, cccxxxiii. 26. Dutch accounts

vary somewhat from that given by the Earl of Northumberland. According

to them, seven English men-of-war fell in with a hundred busses

convoyed by five States’ warships, and the busses paid the tax and took

the licenses. But when thirteen Dutch men-of-war, convoying a great

herring fleet, arrived on the scene and put themselves in a position

for battle, the English ships did not interfere any further and soon

sheered off.

[556] An Accompt of the Convoy money, as it was delivered unto me by

the Captaines emploied in that Service, vizt.: Captain Carteret, £657,

Captaine Lindsey, £200, Captain Slingsby, £42, Captain Johnson, £20, Mr

Skinner, £80.

[557] An Account of the Acknowledgment Money taken of the Holland

Fishermen. The partiality for English gold is shown by the fact that

£119, 13s. of the total was thus paid.

[558] The Dutch themselves appear to have acknowledged a payment

of 20,000 florins (Muller, _Mare Clausum_, 274). Rapin (_Hist.

d’Angleterre_, vii. 455) and Wagenaar (_Vaderlandsche Historie_, xi.

260) placed it at 30,000 florins; Larrey (_Hist. d’Angleterre, d’Ecosse

et d’Irlande_, iv. 126) states that the Dutch concluded a treaty with

Charles by which they agreed to pay him “dix mille ecus par an,”

which is equivalent to the same thing; Hume (_Hist. of England_, ch.

lii. an. 1636) says: “The Dutch were content to pay £30,000 for a

license during this year.” The error is found in the earlier English

historical writers. Rushworth (_Collections_, V. ii. 322) also states

the sum as £30,000, and adds that the Dutch were willing to pay a

yearly tribute for a like liberty in future. Frankland (_Annals

of King James and King Charles the First_, 477 (1681)) says that

Northumberland with his “sixty gallant ships” “commanded the Dutch

busses to cease fishing until they had obtained permission from the

King, which they seeming not willing and ready to do, he fired amongst

them, sunk some and seized others, until they were forced to fly into

his Majesty’s harbours, and desired the Lord Admiral to mediate to

his Majesty for his leave for this summer, and they would pay unto

his Majesty’s treasury therefor the sum of £30,000, which they did

accordingly, and professed their readiness to become suppliants to his

Majesty for a grant, under the condition of a yearly payment therefor

for the future.” This writer seems to have confused Northumberland’s

operations with those of Blake’s fleet in 1652 (see p. 406) or with

the onslaught of the Dunkirkers in 1635. Kennet (_A Complete Hist.

of England_, iii. 85 (1719)) repeats the mistake and puts the sum at

£30,000, and so with almost all the historians, as well as the naval

writers. Thus, Burchett (_A Complete Hist. of the Most Remarkable

Transactions at Sea_, 379 (1720)) and Lediard (_The Naval History of

England_, 526 (1735)) give the statement of Frankland; Entick (_A New

Naval History_, 438 (1757)) drops one of the ciphers and makes the

sum £3000, but otherwise retains the false account. Admiral Colomb,

in his recent excellent work on _Naval Warfare_ (p. 33), no doubt

founding on these naval authors, also refers to the “non-payment of the

£30,000 annually, which had been fixed by Charles as license dues.” The

writers of minor books embellished the error. In a mendacious treatise

published in 1664 (_The Dutch drawn to the Life_, 146) it is said that

Northumberland “scoured the seas of the Dutch busses, seizing some,

sinking others, and enforcing the rest to flee; so reducing all to the

precarious condition of entreating the favour of fishing by the King’s

commission, which he was the readier to indulge them, because he looked

upon them as the most likely instruments for his nephew’s restauration

to the Palatinate.” John Smith, writing in 1670 (_England’s Improvement

Reviv’d_, 257), said that “the composition of the Hollanders (for

liberty to fish) was an annual rent of £100,000, and £100,000 in hand;

and never having been paid or brought into the Exchequer, as I could

hear of, there is an arrearages of above £2,500,000; an acceptable

sum,” he adds, “and which would come very happily for the present

occasions of his Majesty”--Charles II. would have been very glad of

much less; he quite failed to induce the Dutch to pay him £12,000

a-year for a like liberty. Evelyn in 1674 (_Navigation and Commerce_)

put the “arrears” at over half a million sterling, and he said that in

1636 the Hollanders paid £1500, 15s. 2d. for licenses; but this was

only, as he explained later, “the sophism of a mercenary pen,” since

he slumped the convoy and the “acknowledgment” money together (having

had access to Northumberland’s Journal), and eight years later he wrote

to Pepys his remarkable letter of recantation, in which he stated,

“Nor did I find that any rent (whereoff in my 108 page I calculate the

arrears) for permission to fish was ever fixed by both parties” (_Diary

and Correspondence_, iii.)

The writers on international law have copied the erroneous statements

from the historians and from one another. Wharton (_Hist. of the Law

of Nations_, 154) says, “The exclusive rights to the fisheries within

these seas (the Four Seas) and near the coasts of the British Islands

had been occasionally acknowledged by the Dutch in the form of annual

payments and taking out licenses to fish; and was again suspended by

treaties between the sovereigns of England and the Princes of the House

of Burgundy.” This statement, which outrages chronology as well as

fact, is repeated (without acknowledgment) by Phillimore (_Commentaries

upon International Law_, I., Part ii., c. vi. s. clxxxiv.), and by

Travers Twiss (_The Law of Nations in Time of Peace_, 254), Hall

(_Treatise on International Law_, 145), and others. Hall quotes Hume’s

statement that the Dutch had to pay £30,000 for leave to remain, and a

more recent author supposes that the great fishing of the Dutch on our

coasts originated in the reign of Elizabeth, and that, growing strong,

they refused to pay the “duties levied without question for generations

within the British Seas” (Walker, _A History of the Law of Nations_, i.

167). As has been shown in the text, the Dutch herring-boats resisted

the payment of the “acknowledgment” money as far as they could; the

States-General equipped a fleet to prevent by force their molestation

by the English men-of-war, and they dismissed their Admiral because he

failed in 1636 to protect them.

[559] Aitzema, _op. cit._, ii. 408. “Op de bewaringhe ende

bescherminghe van de groote ende kleyne Visscherij deser Landen tegen

de Spaansche ende allen anderen die hun souden willen beschadigen,”

August 5/15, 1636.

[560] _State Papers, Dom._, cccxxxiii. 13.

[561] Muller, _op. cit._, 273.

[562] _Res. Holl._, 19th September; _Res. St.-Gen._, 8th November 1636;

Bosgoed, _Bib. Pisc._, 360.

[563] Gardiner, _Hist. England_, viii. 160, 163, 202, 205.

[564] Roe to Ferentz, Oct. 15, 1636. _State Papers, Dom._, cccxxxiv.

15. Goring to his father, Lord Goring, Feb. 4/14, 1637. _Ibid._,

cccxlvi. 33. Goffe to Archbishop Laud, Feb. 2. _Ibid._, cccxlvi. 23.

The Queen of Bohemia to Archbishop Laud, Feb. 4/14. _Ibid._, cccxlvi.

34. Laud to the Queen, Feb. 28. _Ibid._, cccxlviii. 62. Roe to the

Queen, Mar. 17. _Ibid._, cccl. 16. The Queen to Laud, (Mar. 25)/(April

4). _Ibid._, cccli. 1. Goffe’s letter to Laud was as follows: “Your

Grace will receive intelligence from other hands that certain edicts

which were ready to be published by the States against paying any

acknowledgment for leave to fish are now suppressed upon the hopes of

his Majesty’s relinquishing that business for the present. But the

Prince of Orange, not willing to content himself with probabilities,

hath been very pressing with the Queen of Bohemia to have some

assurance given him that the king would not interrupt their fishing

this year. And if no other way might be afforded, he is very urgent at

least that the Elector (the son of Elizabeth) would write to him and

assure him so much. How much such an assurance would be prejudicial

to the honour of his sacred Majesty your Grace can best judge. But I

thought it my duty to add that though their edicts are suppressed,

yet their book in answer to Mr Selden’s _Mare Clausum_ is ready to

come forth: and the author is neither so modest nor discreet that the

Elector should trust him [? the Prince of Orange] with any written

assurance in that kind. The Prince of Orange hath been so much upon

this that it hath given others cause to believe that the Elector will

be moved in it.”

[565] Roe to Ferentz. _State Papers, Dom._, cccxxxiv. 15.

[566] The “confident vrundt” was probably Roe, who was the confidential

adviser of Elizabeth, and at this time had interviews with the Dutch

ambassador in the Prince’s interests, which he “feared would come to

nothing.” _Ibid._

[567] “Que durant le même temps les Pescheurs et preneurs d’hareng,

subjects de leurs Seigneuries, pescheront librement et franchement,

com̄e ils out tousiours faict du temps de la Royne Elysabeth et du

grand Roy Jacques tous deux de très-glorieuse mémoire, s’approchants

si près des bords de mer, et rivages des royaulmes, terres et ysles de

sa Ma^{té}, que leur mestier, la course de poisson et hareng, et leur

proffit portera, voire jusques à seicher leurs filets sur terre, sans

que sa Ma^{té} directement ou indirectement leur fera ou fera faire

aucun dommage, destourbier, ou empeschement en cela.” _Verbaal van

Beveren._ Muller, _op. cit._, 279.

[568] Gardiner, _op. cit._, 218. _State Papers, Holland_, Jan., Feb.

1637.

[569] March 19, 1637. _State Papers, Dom._, cccl. 34.

[570] Gardiner, _op. cit. State Papers, Holland, Flanders._

[571] Windebank to Northumberland, July 3. _State Papers, Dom._,

ccclxiii. 21.

[572] _State Papers, Dom._, clvii. 151_b_.

[573] Windebank to the Earl of Northumberland, 3rd July 1637. _State

Papers, Dom._, ccclxiii. 21.

[574] Northumberland to Windebank, 4th July, _Ibid._, ccclxiii. 28.

[575] Windebank to Northumberland, 6th July. _Ibid._, ccclxiii. 41.

[576] “Diamentenring van tamelijcke groote,” _Verbaal van Beveren_.

Muller, _op. cit._, 297.

[577] _State Papers, Dom._, cccliv. 16; ccclv. 22.

[578] Report of Fielding, 24th July. _Ibid._, ccclxiv. 45.

[579] Pennington to Nicholas, 10th July, _State Papers, Dom._,

ccclxiii. 99; Northumberland to Sir Thomas Roe, 6th August, _ibid._,

ccclxv. 28; Pennington to Northumberland, 20th May, _ibid._, ccclvii.

15, ii.

[580] Windebank to Fogg, Aug. 10. _Ibid._, ccclxv. 51. With reference

to this letter of Windebank’s, the following note by Secretary

Williamson was made on the copy in the volume prepared for the

ambassadors going to Cologne in 1673 (_State Papers, Dom._, Chas.

II., 339, p. 519): “This mentioned report appears by other letters

and passages of that time to have been really the truth, but of that

disadvantage to his Ma^{tys} right and title, as it was thought fitt

by all means to stiffle it, and give out Captain Fielding went to ye

Holland Busses onely w^{th} notice of ye Dunquerq^{rs} preparations to

intercept them in their return and to offer his Ma^{ties} protection.”

[581] Windebank to Northumberland, 1st Aug., _State Papers, Dom._,

Chas. I., ccclxv. 5; Roe to Countess of Northumberland, 20th July,

_ibid._, ccclxiv. 22; Northumberland to Windebank, 1st Sept., _ibid._,

ccclxviii. 1; Same to Admiralty, 6th Sept., _ibid._, ccclxviii. 43.

[582] Aug. 10. _Ibid._, ccclxv. 53. The king’s real feelings were shown

in the instructions given to the Earl when he was ordered to the west

on 1st August. “If any of the fishers of Holland which have refused his

Majesty’s licenses shall be assaulted by the Dunkirkers, his Majesty

will in no wise that you protect them.” _Ibid._, ccclxv. 5.

[583] Aug. 6. _State Papers, Dom._, ccclxv. 28.

[584] An example of the feeling is to be found in an incident of this

summer. One, Richard Rose, a justice of the peace, on hearing that the

fleet was going forth to maintain the king’s title of being Lord of the

Narrow Seas, exclaimed: “What a foolery is this; that the country in

general shall be thus much taxed with great sums to maintain the king’s

titles and honours! For my part, I am £10 the worse for it already.”

When information of this remark was laid before the Council, the Lords

“thought it not fit to question these words.” _Ibid._, ccclxx. 1.

[585] The king to the Twelve Judges, 2nd Feb. 1637. _Ibid._, ccclxvi.

11.

[586] The _Sovereign of the Seas_ was the largest ship hitherto built

for the navy; it was 127 feet long in the keel, 46½ feet in breadth

(inside measurement), and 19 feet 4 inches in depth; the tonnage was

by the “new rule” 1552 tons, by the “old rule” 1823 tons. She was also

by far the most expensive. Her cost was £40,833, 8s. 1½d., besides

her guns, which were estimated to cost, with engraving, £25,059, 8s.

8d. _State Papers, Dom._, ccclxi. 71; ccclxix. 44; ccclxxiv. 30;

ccclxxxvii. 87. See also Oppenheim, _Hist. Administration Royal Navy_,

260. In 1637 a “description” of the ship was published by Thomas

Heywood, dedicated to the king, and with a frontispiece representation

of it: “_A True description of his Majestie’s Royall Ship Built this

yeare 1637 at Wool-witch in Kent. To the great glory of our English

Nation and not paraleld in the whole Christian World._ Published by

Authoritie, London, 1637.” The description, apart from the verse,

occupies a few pages at the end, the work dealing chiefly with the

ships of the ancients. A second edition was published in 1638: “_A True

Discription of his Majestie’s royall and most stately ship called the

Soveraign of the Seas, built at Wol-witch in Kent 1637 with the names

of all the prime officers in her_,” &c. Prynne (_Brief Animadversions_,

&c., p. 123) says that Charles claimed and maintained the dominion of

the seas by increasing the navy, &c., and “by giving the name of the

_Edgar_ (with this motto engraven on it, _Ego ab Edgaro quatuor maria

vendico_) and of the _Soveraign of the Sea_ to the Admiral of his

fleet.”

[587] _State Papers, Dom._, ccclxxx. 61; ccclxxxix. 86; cccxc. 39.

[588] _State Papers, Dom._, cccxxv. 21; cccxxxviii. 15; cccxli. 6;

ccclxi. 41; cccliii. fol. 34. _Brit. Mus. Add. MSS._, 17,677, O, fol.

364.

[589] _State Papers, Dom._, ccclxxxii. 44; ccclxxxiii. 29.

[590] Smith to Pennington, 8th June 1639. _Ibid._, ccccxxiii. 56.

[591] Windebank to Pennington, 10th, 15th, 16th July, _State Papers,

Dom._, ccccxxv. 45, 72, 81; Northumberland to Pennington, _ibid._,

ccccxxv. 76; Windebank to Hopton, 16th August, _Clarendon State

Papers_, i. 1283.

[592] Pennington to Windebank, 13th July. _State Papers, Dom._,

ccccxxv. 61, 68.

[593] Gardiner, _Hist._, ix. 69; _State Papers, Dom._, ccccxxviii. 52.

[594] Northumberland to Pennington, 12th September, _State Papers,

Dom._, ccccxxviii. 92; Windebank to Hopton, 29th September, _Clarendon

State Papers_, ii. 71; Hopton to Windebank, October 12/22, _Cal. Clar.

State Papers_, i. 1311.

[595] Gardiner, _op. cit._, 61.

[596] Windebank to Colonel Gage and Count Leslie, (28 Sept.)/(8 Oct.).

_Cal. Clar. State Papers_, i. 1296.

[597] Gardiner, _op. cit._, 63.

[598] Smith to Pennington, 30th Sept. _State Papers, Dom._, ccccxxix.

70.

[599] Northumberland to Pennington, 16th September. _Ibid._,

ccccxxviii. 92.

[600] Pennington to the Master of the _Luke_, of London, 23rd Sept.

_Ibid._, ccccxxix. 15.

[601] Smith to Pennington, 19th Sept. _State Papers, Dom._, ccccxxviii.

111.

[602] “De Spaansche Vloot te vernielen sonder eenige aanschouw of

reguard te nemen op de Havenen, Reeden, of Baayen van de Coningryken,

waar de zelve zoude zyn te bekomen.” _Resol. Stat.-Gen._, 11/21,

20/30 Sept. 1639. Aitzema, _Saken van Staet en Oorlogh_. Bynkershoek,

_Quæstiones Juris Publici_, lib. i.

[603] Northumberland to Pennington, 8th Oct., _State Papers, Dom._,

ccccxxx. 47; Same to Windebank. 9th Oct., _ibid._, ccccxxx. 55;

Pennington to Northumberland, 11th Oct., _ibid._, 77; Suffolk to

Windebank, 11th Oct., _ibid._, 66, 68; Pennington’s report, 11th

Oct., _ibid._, 74; Hopton to Windebank, 20/30 Nov., _Cal. Clar. State

Papers_, i. 1323; Tromp to Pennington, 11/21 Oct., _State Papers,

Dom._, _ibid._, 80 (translation in Windebank’s writing); _ibid._,

ccccxxxi. 4.

[604] Leslie to Windebank, 11th Oct.; Gage to Windebank, 19/29 Oct.

_Cal. Clar. State Papers_, i. 1309, 1313.

[605] Northumberland to Pennington, 15th Oct. _State Papers, Dom._,

ccccxxxi. 18, 30; _Cal. Clar. State Papers_, i. 1324.

[606] Windebank to Gerbier, 18th Oct. _State Papers, Dom._, ccccxxxi.

35. Gage to Windebank, 9/19 Nov. Paper delivered by Hopton to King of

Spain, 24th Nov. _Cal. Clar. State Papers_, i. 1321, 1324.

[607] _State Papers, Dom._, dxxxviii. 106. The paper is endorsed

“Soverainty of the Seas: the Dutch attempt on the Spaniards in the

Downs.”

[608] _Resol. St.-Gen._, 16/26, 20/30 Oct., (26 Oct.)/(5 Nov.) 1639.

Instructie van Sommelsdijck, Muller, _Mare Clausum_, 309; Aitzema,

_Saken van Staet_, ii. 618.

[609] _Secrete Resol. St.-Gen._, 11/21 Oct., “Dat hunne meeninge

gantsch niet was, het recht van Visscherie in de Noortzee van ijemant

te stipuleren, versoecken ofte reveleren.” Muller, _op. cit._, 312. In

the following year Vice-Admiral De With refused to lower his flag to an

English ship-of-war off Hellevoetsluis.

[610] Maine, _International Law_, 13, 75. Phillimore, _Commentaries

upon International Law_, I. xxi. Wheaton, _History of the Law of

Nations_, 54.

[611] Meadows, _Observations_, p. 3. Raleigh, _A Discourse on the

Invention of Ships_.

[612] Cunningham, _The Growth of English Industry and Commerce during

the Early and Middle Ages_, p. 418.

[613] _Le Droit International_, i. 20.

[614] _De Potestate Legis Pœnalis_, lib. ii. c. 14. Quoted by Nys,

_Les Origines du Droit International_, p. 382, and by Grotius, _Mare

Liberum_, c. vii.

[615] D. Fernandus Vasquius, _Controversiæ Illustres_, Venice, 1564,

lib. ii. c. lxxxix. s. 30 (p. 356, ed. Frankfurt, 1668).

[616] _Mare Libervm sive de Jvre qvod Batavis competit ad Indicana

Commercia Dissertatio._ Lugdvni Batauorvm. Ex officinâ Ludovici

Elzevirij Anno 1609. The name of Grotius did not appear on the

title-page until the second edition in 1618 (_Hvgonis Groti Mare

Libervm sive_ ... vltima editio. Lvgdvni Batavorum, anno 1618), the

year in which he was arrested; and that he was not generally known to

be the author until this time is shown by Welwood referring to _Mare

Liberum_ in 1613 as written by “an unknown author,” and by an English

State Paper, prepared for the negotiations with the Dutch ambassadors

in 1618, which contains excerpts out of a book called _Mare Liberum_

(_Brit. Mus. MSS. Lansd._, 142, fol. 383). Grotius was then one of the

most prominent men in Holland. Another edition was published, also at

Leyden, in 1633, together with Paul Merula’s _Dissertatio de Maribus_

and Boxhorn’s _Apologia pro Navigationibus Hollandorum adversus Pontem

Hevtervm_, under the title, Hugo Grotius, _De Mare Libero_. It was also

included in Hagemeier’s _De Imperio Maris, variorum Dissertationes_,

published in 1663. A translation in the vernacular appeared at Haarlem

in 1636,--no doubt in consequence of the publication of Selden’s _Mare

Clausum_,--H. Groti, _Vrye Zeevaert, ofte Bewys van het Recht dat

de Inghesetenen deser gheunieerde Landen toekomt over de Oost ende

West-Indische Koophandel_. Hugo de Groot was born at Delft in 1583; he

was appointed Advocate-General before he was twenty-four years of age,

and settled at Rotterdam in 1613, where he became Pensionary of that

town; he was sent to England as one of the Dutch envoys in that year.

In 1618 he was arrested in connection with the Barnevelt troubles,

and in the following year condemned to perpetual imprisonment; but he

escaped to Paris, where he lived for eleven years, and then entering

the service of the Queen of Sweden, he was employed as her ambassador

at the Court of France. He died at Rostock in 1645. Some of his works

were translated into almost all European languages, and even into

Persian, Greek, and Arabic.

[617] Tiele, _Opkomst van het Nederlandsch Gezag in Oost-Indie_; Fruin,

_Een onuitgegeven werk van Hugo de Groot_, in _De Gids_, Derde ser.

zesde Jaargang, 1868, vierde del; M’Pherson, _Annals of Commerce_, ii.

209, 226.

[618] “Ante annos aliquot, cum viderem ingentis esse momenti ad

patriæ securitatem Indiæ quæ Orientalis dicitur commercium, id vero

commercium satis appareret obsistentibus per vim atque insidias

Lusitanis sine armis retineri non posse, operam dedi ut ad tuenda

fortiter quæ tam feliciter cœpissent nostrorum animos inflammarem,

proposita ob oculos causæ ipsius iustitia et æquitate, unde nasci το

ἑυελπι recte a ueteribus traditum existimabam. Igitur et universa belli

prædæque iura, et historiam eorum quæ Lusitani in nostros sæue atque

crudeliter perpetrassent, multaque alia ad hoc argumentum pertinentia

eram persecutus amplo satis commentario, quem edere hactenus

supersedi.” _Hugonis Grotii Defensio Capitis quinti Maris liberi

oppugnati a Gulielmo Welwodo Iuris Civilis professore capite XXVII.

eius libri scripti Anglico sermone cui titulum fecit Compendium legum

Maritimaram._ This manuscript of Grotius was discovered in 1864, along

with the work _De Jure Prædæ_, to which he refers, in a collection of

MSS. brought to auction, which belonged to the family of Cornets de

Groot of Bergen-op-Zoom, who had descended in a direct line from the

great publicist (Fruin, _op. cit._) It was printed by Muller in 1872

(_Mare Clausum_, p. 331). The greater work, edited by Hamaker, was

published in 1868, _Hugo Grotius de Jure Prædæ Commentarius_.

[619] “Hujus generis est Aër, duplici ratione, tum quia occupari

non potest, tum quia usum promiscuum hominibus debet. Et eisdem de

causis commune est omnium Maris Elementum, infinitum scilicet ita, ut

possideri non queat, et omnium usibus accommodatum: sive navigationem

respicimus, sive etiam piscaturum.” Cap. v.

[620] Cap. v. “Similiter reditus qui in piscationes maritimas

constituti Regalium numero censenter, non rem, hoc est mare, aut

piscationem, sed personas non obligant. Quare subditi, in quos legem

ferendi potestas Reipublicæ aut Principi ex consensu competit, ad onera

ista compelli forte poterunt: sed exteris jus piscandi ubique immune

esse debet, ne servitus imponatur mari quod servire non potest.... Quod

in aliis difficile videtur, in hac omnino fieri non potest: quod in

aliis iniquum judicamus, in hac summe barbarum est, atque inhumanum....

In tanto mari si quis usu promiscuo solum sibi imperium et ditionem

exciperet, tamen immodicæ dominationis affectator haberetur: si quis

piscatu arceret alios, insanæ cupiditatis notam non effugeret.”

[621] Not improbably James had _Mare Liberum_ in view in the following

sentence in his Proclamation of 1609: “Finding that our connivance

therein hath not only given occasion of over great encroachment

upon our regalities, or rather questioning for our right.” That it

was believed in England that Grotius had James in view is shown by

the following _précis_ contained in the volume of official records

prepared for the ambassadors to the Congress at Cologne in 1673: “K.

James coming in, the Dutch put out _Mare Liberum_, made as if aimed

at mortifying the Spaniards’ usurpation in the W. and E. Indyes, but

indeed at England. K. James resents it, bids his Amb^r S^r D. Carleton

complaine of it.” _State Papers, Dom._, cccxxxix. p. 99. Chas. II.,

1673-75.

[622] Cap. v. p. 29. “In hoc autem Oceano non de sinu aut fretu, nec

de omni quidem eo quod e littore conspici potest controversia est.

Vindicant sibi Lusitani quicquid duos Orbes interjacet.”

[623] Cap. vii.

[624] Hvgonis Grotii De Ivre Belli ac Pacis, Libri Tres.

[625] Lib. ii. cap. ii. s. iii. 1, 2.

[626] Lib. ii. cap. iii. s. viii. “Ad hoc exemplum videtur et mare

occupari potuisse ab eo qui terras ad latus utrumque possideat, etiamsi

aut supra pateat ut sinus, aut supra et infra ut fretum, dummodo non

ita magna sit pars maris ut non cum terris comparata portio earum

videri possit. Et quod uni populo aut Regi licet, idem licere videtur

et duobus aut tribus, si pariter mare intersitum occupare voluerint,

nam sic flumina quæ duos populos interluunt ab utroque occupata sunt,

ac deinde divisa.”

[627] Lib. ii. cap. iii. ss. ix.-xii.

[628] Lib. ii. cap. iii. s. xiii. 2. “Videtur autem imperium in maris

portionem eadem ratione acquiri qua imperia alia, id est, ut supra

diximus, ratione personarum et ratione territorii. Ratione personarum,

ut si classis, qui maritimus est exercitus, aliquo in loco maris

se habeat: ratione territorii, quatenus ex terra cogi possunt qui

in proxima maris parte versantur, nec minus quam si in ipsa terra

reperirentur.”

[629] Calvo, _Le Droit Internat._, i. 348; Ortolan, _Règles

Internationales et Diplomatie de la Mer_, i. c. v. See p. 156 referring

to a State Paper of 1610, which seems to be misdated “August 1609.”

[630] Dumont, _Corps Diplomatique_, vol. V. ii. p. 99. The treaty was

signed on (30 March)/(9 April) 1609.

[631] _Defensio_, 332 (_circa_ 1614); Letter to his brother, 1st April

1617. _Epistolæ_, 759.

[632] _De Justo Imperio Lusitanorum Asiatico adversus Grotii Mare

Liberum._

[633] _Ivlii Pacii De Dominio Maris Hadriatici Disceptatio_, Lvgdvni

M.D.C.XIX. Other works were Angelus Mattheacius, _De Jure Venetorum et

Jurisdictione Maris Adriatici_, Venezia, 1617; Cornelio Francipane,

_Alegazion in Jure, per il Dominio, della Republica Veneta, del suo

Golfo, contra alcune Scritture di Napolitani_, 1618; Franciscus

de Ingenuis, _Epistola de Jurisdictione Venetæ Reipublicæ in Mare

Adriaticum_, 1619; P. Zambono, _Del Dominio del Mare Adriatico overo

Golfo di Venezia_, Venice, 1620.

[634] M’Crie, _Life of Andrew Melville_, 206, &c. Selden describes him

as _Jurisconsultus Scotus_; and Prynne “A Scot, Professor of the Civil

Law” (_Animadversions_, 113).

The Sovereignty of the Sea An Historical Account of the Claims of England to the Dominion of the British Seas, and of the Evolution of the Territorial Waters · 第 20 / 22 章